Patna High Court
Kunti Devi @ Kanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that, owing to the vague nature of the accusations and the petitioner's clean antecedents, anticipatory bail must be granted subject to conditions.
Summary
The petitioner, Kunti Devi, sought anticipatory bail after being named in an FIR alleging assault and theft of a gold chain, invoking sections 341, 323, 307, 354B, 379, 504 and 34 of the IPC. She contended that the FIR contained only a vague, omnibus accusation and that she had no specific overt act attributed to her, emphasizing her clean antecedents. The State opposed the bail application. The Court examined the nature of the allegations, noting their general character and the petitioner's spotless record, and concluded that anticipatory bail was appropriate. Consequently, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. The order applies if she is arrested or surrenders within eight weeks of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the general and omnibus nature of the accusations.
- Whether the allegations under the specified IPC sections constitute a specific charge sufficient to deny bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 354B, 379, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- general accusation
- clean antecedents
- section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12878 of 2026
Arising Out of PS. Case No.-341 Year-2023 Thana- BHORE District- Gopalganj
======================================================
Kunti Devi @ Kanti Devi W/o Bishun Chauhan R/o- Padrauna Hata Tola,
P.S.- Bhore, Dist.- Gopalganj(Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Saurabh Kumar, Advocate
Mr. Shashwat Sahil Singh, Advocate
For the State : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 341, 323,
307, 354B, 379, 504 and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that on
11.07.2023, all the F.I.R. named accused persons, including this
petitioner, came and abused and assaulted informant’s mother-
in-law. It is alleged that this petitioner snatched gold chain from
neck of mother-in-law of informant.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.12878 of 2026(2) dt.23-04-2026
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behalf of the petitioner that petitioner is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that allegation of assault is general and omnibus and no
specific accusation of overt act has been alleged against this
petitioner. Petitioner is only alleged to have snatched gold chain
from neck of mother-in-law of informant which is a super-
addition in order to make the case grave. Petitioner is a lady and
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Gopalganj in
connection with Bhore P.S. Case No. 341 of 2023, subject to
Patna High Court CR. MISC. No.12878 of 2026(2) dt.23-04-2026
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condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
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