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Patna High Court

Manju Devi @ Sumintra Devi @ Sumitra DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioners, subject to conditions, finding that the FIR did not contain specific allegations warranting denial of bail.

Summary

The petitioners – Manju Devi, Damodar Sahni, Saint Lal Sahni and Ram Prasad Sahni – were implicated in FIR No.37 of 2024 for alleged assault on the informant’s daughter and family members, with accusations of entering the house armed and causing injuries. They contended that the allegations were fabricated due to village politics and that there were no independent witnesses, while the State highlighted their criminal antecedents and opposed anticipatory bail. The learned District Judge had rejected bail, relying on the antecedents, but the High Court examined whether the FIR specifically implicated the petitioners and considered the principle of anticipatory bail under Section 482(2) of the CrPC. Balancing the lack of concrete evidence against the petitioners’ claims and the presence of prior records, the Court inclined to grant anticipatory bail with conditions. Consequently, the petitioners were ordered to be released on anticipatory bail upon furnishing bail bonds and sureties, subject to the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR allegations and their criminal antecedents
  • Whether the FIR contains specific allegations sufficient to deny anticipatory bail under Section 482(2) of the CrPC

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • section 482
  • political vendetta
  • criminal antecedents
  • FIR
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13198 of 2026
                     Arising Out of PS. Case No.-37 Year-2024 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
           1.     Manju Devi @ Sumintra Devi @ Sumitra Devi, aged about 50 years,
                  Female, Wife of Damodar Sahni, Resident of Village- Maksudanpur
                  Bhadaiya Ward Number 05, P.O. -Mohiuddin Nagar, P.S. -Mohiuddin Nagar,
                  District -Samastipur.
           2.    Damodar Sahni, aged about 53 years, Male, Son of Bitho Sahni @ Visho
                 Sahni, Resident of Village- Maksudanpur Bhadaiya Ward Number 05, P.O.
                 -Mohiuddin Nagar, P.S. -Mohiuddin Nagar, District -Samastipur.
           3.    Saint Lal Sahni, aged about 40 years, Male, Son of Ram Chandra Sahni,
                 Resident of Village- Maksudanpur Bhadaiya Ward Number 05, P.O.
                 -Mohiuddin Nagar, P.S. -Mohiuddin Nagar, District -Samastipur.
           4.    Ram Prasad Sahni, aged about 76 years, Male, Son of Late Prem Chandra
                 Sahni, Resident of Village- Maksudanpur Bhadaiya Ward Number 05, P.O.
                 -Mohiuddin Nagar, P.S. -Mohiuddin Nagar, District -Samastipur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhay Kumar, Advocate
                 For the Opposite Party/s :      Mr. Amitesh Kumar, APP
                 ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Mohiuddin Nagar P.S. Case No. 37 of 2024 instituted for

                   the offences punishable under Sections 341, 323, 324, 354,

                   354(B), 354(C), 354(D), 448, 379, 504, 506/34 of the Indian

                   Penal Code.

                                3. As per allegation in the FIR, the allegation against
Patna High Court CR. MISC. No.13198 of 2026(2) dt.12-03-2026
                                            2/4




          the petitioners and other co-accused persons named in the FIR is

          that they entered into the house of the informant armed with

          sticks, rods, bricks, tiles and assaulted the daughter of the

          informant and their family members and pulled informant’s

          daughter with bad intention.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent have committed no offence and have

          falsely been implicated in this case due to dirty village politics.

          He submits that both the parties are agnates and the entire

          allegation levelled against the petitioners are false and

          fabricated. He further submits that there is general and omnibus

          allegation against the petitioners. He next submits that

          according to the FIR, the petitioners are co-villagers of the

          informant. He lastly submits that the injuries are simple in

          nature and there is no any independent witness of the

          occurrence.       Petitioner nos. 3 and 4 have clean antecedent,

          petitioner no. 1 has got one criminal antecedent and petitioner

          no. 2 has four criminal antecedents as stated in para 3 of the

          petition.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. From perusal of the FIR and the impugned order of
Patna High Court CR. MISC. No.13198 of 2026(2) dt.12-03-2026
                                            3/4




          the learned District and Additional Sessions Judge-1st,

          Samastipur dated 28.01.2026, it appears that on the basis of

          written report of the informant, FIR has been registered under

          Sections 341, 323, 324, 354, 354(B), 354(C), 354(D), 448, 379,

          504, 506/34 of the Indian Penal Code against five co-accused

          persons including the present petitioners and the allegation

          against the petitioners are that they entered into the house of the

          informant armed with sticks, rods, bricks, tiles and assaulted

          the daughter of the informant and their family members and

          pulled informant’s daughter with bad intention and click the

          photo of informant’s daughter Sima Kumari and said that the

          photo of informant’s           daughter Sima Kumari were viral on

          Facebook. The rejection of anticipatory bail application by the

          learned District and Additional Sessions Judge-1st, Samastipur

          is based on the basis of criminal antecedents but there is no

          specific allegation against the petitioners. Petitioner no. 1, is a

          lady and petitioner no. 4 is aged about 76 years as stated in title

          page of the bail application, so considering all these aspects of

          the case and submission of learned counsel for the petitioners, I

          am inclined to grant anticipatory bail to the above named

          petitioners.

                       7. Accordingly, let both the petitioners above named,
            Patna High Court CR. MISC. No.13198 of 2026(2) dt.12-03-2026
                                                        4/4




                      in the event of their arrest or surrender before the trial Court

                      within a period of six weeks from today, be released on

                      anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) each with two sureties of the like amount each to the

                      satisfaction of the learned S.D.J.M., Sahpur Patory, Samastipur

                      in connection with Mohiuddin Nagar P.S. Case No. 37 of 2024,

                      subject to the conditions laid down in Section 482(2) of the

                      BNSS.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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