Patna High Court
Basanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that in the absence of specific allegations against the petitioners and considering their clean antecedent, anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, may be granted.
Summary
The petitioners – Basanti Devi, Laxman Singh, Lilima Devi and Jagdish Singh – sought anticipatory bail fearing arrest in connection with FIR No.399 of 2025 alleging offences under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution’s case, based on the informant Adari Devi’s statement, alleged that Mithun Singh and his wife Basanti Devi assaulted the informant’s family, leading to serious injuries. The petitioners contended they have clean antecedents and that the allegations are fabricated due to local political vendetta, with no specific charge against them. The State opposed the bail, but the Court observed that the FIR does not specifically implicate the petitioners and, given their clean record, they are entitled to anticipatory bail. Accordingly, the Court ordered that if arrested or surrendered within four weeks, each petitioner be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNS, 2023.
Issues considered
- Whether anticipatory bail can be granted when the FIR does not specifically allege the petitioners’ involvement.
- Whether the petitioners’ clean antecedent and lack of specific allegations justify the grant of bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the conditions prescribed under Section 482(2) are satisfied for granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 482(2)
Subjects
- anticipatory bail
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- FIR
- section 482
- criminal procedure
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1315 of 2026
Arising Out of PS. Case No.-399 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
1. Basanti Devi Son of Mithun Singh R/o Hat Chaulhar, P.S. - Azamnagar,
Dist. - Katihar.
2. Laxman Singh Son of Mahesh Singh R/o Hat Chaulhar, P.S. - Azamnagar,
Dist. - Katihar.
3. Lilima Devi @ Lili Devi @ Liliya Devi W/o Jagdish Singh R/o Khushalpur,
P.S. - Pranpur, Dist. - Katihar
4. Jagdish Singh Son of Late Jimi Singh R/o Khushalpur, P.S. - Pranpur, Dist. -
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Azamnagar P.S. Case No. 399 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 118(2), 109,
351(2) and 3(5) of the BNS, 2023.
3. The case of the prosecution, in short, is that the
informant Adari Devi has lodged the present F.I.R. stating there
in that on 15.10.2025 the parents of the informant asked to clean
the used utensils, upon which the dirty water was thrown by
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Mithun Singh and his wife Basanti Devi on the grain, for which
the parent of the informant tried to instruct, upon which Basanti
Devi asked to kill them, upon which Mithun singh ran towards
the informant to kill her, who fled away. It is further alleged that
Mithun Singh attempted to attack upon her father Ayodhya
Singh by means of dabia, when her mother came forward to
save her father then she was also assaulted by means of dabia by
Mithun Singh, due to which they got brutally injured and
became unconscious. On halla, the villagers came and took
away the injured to P.H.C. Azamnagar from where they were
referred to Katihar Medical College.
4. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent. The entire
prosecution story is false, fabricated and concocted. Learned
counsel for the petitioners submits that there is no manner of
occurrence as alleged has ever taken place. It is further
submitted that petitioners have been falsely implicated in the
present case due to local village politics and ulterior motive of
the informant to harass the petitioners.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that although the petitioners
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are named in the FIR, there is no specific allegations against any
of the petitioners of having assaulted the informant or the
parents of the informant and also given the fact that from the
reading of the FIR, the allegation of assault is on another
accused person Mithu Singh and also taking into account that
petitioners are persons with clean antecedent, this Court is
inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioners, named above, in the event of
their arrest or surrender before the Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Court of
Chief Judicial Magistrate, Katihar in connection with
Azamnagar P.S. Case No. 399 of 2025, subject to the conditions
laid down under section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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