Patna High Court
Radha Devi @ Radha KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that, given the petitioners' clean antecedent and the vague, non‑specific nature of the allegations, anticipatory bail under Section 482(2) of the BNSS was warranted.
Summary
The petitioners, Radha Devi and Sadan Sharma, were implicated in an FIR alleging offences under Sections 126(2), 115(2), 352, 74, 3(5) and 109(1) of the Bharatiya Nyaya Sanhita, stemming from a neighbour dispute and an alleged assault on 30‑7‑2025. They contended they have clean antecedents, are not criminals, and that the FIR’s allegations are vague and omnibus. The State opposed their prayer for anticipatory bail. The Court examined the petitioners’ clean record, the lack of specificity in the charges, and the possibility of false implication, and consequently granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the BNSS. The order directs the trial court to release the petitioners if arrested within six weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita.
- Whether the allegations in the FIR are specific enough to justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 352, 482(2), 74
Subjects
- anticipatory bail
- false implication
- assault
- Bharatiya Nyaya Sanhita
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12651 of 2026
Arising Out of PS. Case No.-231 Year-2025 Thana- SURYAGARHA District- Lakhisarai
======================================================
1. Radha Devi @ Radha Kumari Wife of Ajay Sharma @ Ajay Kumar R/o
Village - Lakshmipur, Singhchak, P.S. - Suryagarha, Dist. - Lakhisarai.
2. Sadan Sharma @ Sadan Mistry @ Sadan Mitri Son of Late Kari Mistry R/o
Village - Lakshmipur, Singhchak, P.S. - Suryagarha, Dist. - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-03-2026 1. Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2), 115(2),
352, 74, 3(5) and 109(1) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no. 1 is a
woman and the informant alleges that some dispute had arisen on 29-
7-2025 which was compromised at police station, but on 30-7-2025
while she was going to attend nature’s call, when accused persons
assaulted her by lathi causing injury on head, thereafter accused
persons even assaulted her sisters Poonam and Tannu causing injury
on head.
Patna High Court CR. MISC. No.12651 of 2026(2) dt.23-03-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
informant. It is next submitted that petitioners and the informant are
neighbours and are having dispute relating to passage. It is further
submitted that from perusal of the allegations as alleged in the FIR, it
would manifest that allegation of assault is not specific rather is
general and omnibus in nature. It is also submitted that petitioners are
not criminals.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event of
their arrest or surrender within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of the learned trial court where the case is
pending/successor court in connection with Suryagarha P.S. Case No.
231 of 2025, subject to the conditions as laid down under Section
482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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