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Patna High Court

Nirmal Devi @ Nirmala DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to anticipatory bail despite the serious allegations because the FIR is vague, they have clean antecedents, and bail is permissible under Section 438 CrPC and Section 482(2) BNSS, 2023.

Summary

The petitioners – Nirmal Devi, Vindeshwar Yadav, Roshan Kumar Yadav and Pawan Yadav – sought anticipatory bail fearing arrest in a 2022 case (PS 260) registered under IPC sections 341, 323, 324, 307, 354 and 379/34 for alleged assault on an informant. They contend they are falsely implicated, that the FIR is vague and omnibus, and that they have a clean antecedent. The magistrate had earlier differed with the police report and took cognizance, prompting the petition. The State opposed the bail. The High Court, after considering the facts, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties, a surrender within four weeks, and compliance with conditions under Section 438(2) CrPC and Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure.
  • Whether the FIR and charge‑sheet disclose a prima facie case sufficient to deny bail.
  • Whether the magistrate’s cognizance of the case despite earlier non‑prosecution is proper.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Section 438 CrPC
  • Section 482 BNSS 2023
  • false implication
  • FIR
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1406 of 2026
                   Arising Out of PS. Case No.-260 Year-2022 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
           1.     Nirmal Devi @ Nirmala Devi W/o Hare Krishna Yadav @ Hare Ram Yadav
                  Resident of Village- Laxminiya, P.S-Kusheshwar Asthan, District-
                  Darbhanga
           2.    Vindeshwar Yadav S/o Late Anup Yadav Resident of Village- Laxminiya,
                 P.S-Kusheshwar Asthan, District-Darbhanga
           3.    Roshan Kumar Yadav @ Roshan Yadav S/o Madan Yadav Resident of
                 Village- Laxminiya, P.S-Kusheshwar Asthan, District-Darbhanga
           4.     Pawan Yadav S/o Sri Shibu Yadav @ Saboo Yadav Resident of Village-
                  Laxminiya, P.S-Kusheshwar Asthan, District-Darbhanga
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Amit Kumar Singh
                 For the State           :      Mr. Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   30-01-2026                   Heard learned counsel for the petitioners and learned APP

                   for the State.

                                2. The petitioners are apprehending their arrest in

                   Kusheshwar Asthan P.S. Case No. 260 of 2022 registered under

                   Sections 341, 323, 324, 307, 354, 379/34 of the Indian Penal Code.

                                 3. As per allegation, all the FIR named accused persons

                   came to the house of the informant. Co-accused Raj Kumar Yadav

                   dragged him and all the accused persons assaulted him with lathi,

                   danda etc.

                               4. Learned counsel for the petitioners has submitted that the

                   petitioners are innocent and have falsely been implicated in the
             Patna High Court CR. MISC. No.1406 of 2026(2) dt.30-01-2026
                                                         2/2




                       present case. He further submits that there is case and counter case

                       between the parties and the allegations in the FIR are general and

                       omnibus in nature. It has further been submitted that initially, after

                       investigation, the petitioners were not sent up for trial but later on,

                       the learned Magistrate differed with the police report/charge-sheet

                       no. 208/22 dated 30.10.2022 and took cognizance against the

                       petitioners also vide order dated 03.07.2024. The petitioners are

                       persons of clean antecedent.

                                  5. Learned APP for the State opposed the prayer for

                       anticipatory bail of the petitioners.

                                  6. Considering the aforesaid facts and circumstances, let the

                       petitioners, above named, in the event of their arrest/surrender before

                       the learned court below within a period of four weeks from today, be

                       released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

                       (Ten thousand) each with two sureties of the like amount each to the

                       satisfaction of learned S.D.J.M., Biraul, Darbhanga in connection

                       with Kusheshwar Asthan P.S. Case No. 260 of 2022, subject to the

                       conditions as laid down under Section 438(2) of the Code of

                       Criminal Procedure/ 482(2) of the BNSS, 2023.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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