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Patna High Court

Basanti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.1315 of 2026(2) dt.28-01-2026
                                            2/3




          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
          Patna High Court CR. MISC. No.1315 of 2026(2) dt.28-01-2026
                                                      3/3




                    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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