Patna High Court
Manju Devi @ Sumintra Devi @ Sumitra DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 323, 324, 341, 354, 354(B), 354(C), 354(D), 379, 448, 504, 506/34
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
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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
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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,
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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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