Patna High Court
Sarswati DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court conditionally granted anticipatory bail to the petitioners under Section 482(2) of the B.N.S.S., subject to surrender within six weeks and furnishing of bond and sureties.
Summary
The petitioners, Sarswati Devi and Pinki Kumari, were implicated in a case (PS No. 163 of 2025) alleging assault, robbery and other offences under multiple sections of the Bharatiya Nagrik Suraksha Sanhita. The prosecution alleged that the accused, including the petitioners, entered an informant’s house armed, assaulted her and her mother‑in‑law, and stole valuables worth Rs. 22,000. The petitioners contended they had no criminal antecedent, were not specifically charged with assault, and were falsely implicated, offering to cooperate with the investigation. The State opposed the grant of anticipatory bail. Considering the petitioners’ clean record, lack of specific allegations against them, and their willingness to cooperate, the Court ordered that they may be released on bail if they surrender within six weeks, subject to a bond of Rs. 10,000 and two sureties each, under Section 482(2) of the B.N.S.S. 2023. The order is conditional upon satisfaction of the Judicial Magistrate of Motihari.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita despite the serious nature of the alleged offences.
- Whether the petitioners are specifically implicated in the offences charged under the listed sections.
- Whether the petitioners’ clean antecedent and willingness to cooperate justify the grant of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 329(3), 329(4), 3(5), 351(2), 351(3), 352, 482(2), 76
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- clean antecedent
- co‑operation with investigation
- assault
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14920 of 2026
Arising Out of PS. Case No.-163 Year-2025 Thana- Gadhiya Bazar District- East Champaran
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1. Sarswati Devi W/o Late Chunu Prasad R/o vill- Sirawali, P.S.- Garadhiya
Bazar, District- East Champaran
2. Pinki Kumari D/o Late Chunu Prasad R/o vill- Sirawali, P.S.- Garadhiya
Bazar, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Garadhiya Bazar P.S. Case No. 163 of 2025, instituted
under Sections 329(3), 329(4), 126(2), 115(2), 118(1), 109, 76,
303(2), 352, 351(2), 351(3), 3(5) of the B.N.S.
3. As per the prosecution case, on the date of
occurrence petitioners along with F.I.R. named accused persons
and two unknown persons armed with weapons forcibly entered
into the house of the informant and assaulted her causing injury.
The accused persons also assaulted the mother-in-law of the
informant. They snatched the golden chain, cash and valuables
worth Rs. 22,000/- of the informant.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.14920 of 2026(2) dt.12-03-2026
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petitioners are innocent and have falsely been implicated in this
case. There is no specific allegation of assault against the
petitioners. Specific allegation of assault is against co-accused
Sunny Deol. Petitioners are ladies having no criminal
antecedent. They undertake to co-operate in the investigation
and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and clean
antecedent of the petitioners, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Motihari, East Champaran in connection with Gardhiya
Bazar P.S. Case No. 163 of 2025, subject to the conditions laid
down in Section 482 (2) of the Bharatiya Nagrik Suraksha
Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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