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Patna High Court

Kalawati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted where the accusations are vague, the alleged injuries are minor, and the petitioners have clean antecedents.

Summary

Kalawati Devi and Hari Ray, residents of Narayanpur village, sought anticipatory bail after being implicated in a FIR alleging assault on an informant and his family with iron rods, a dab and a sword. The prosecution alleged offences under several sections of the B.N.S., while the petitioners contended that the allegations were false, stemming from a long‑standing land dispute, and that no specific overt act was attributed to them. They highlighted the general and omnibus nature of the accusations, the simple nature of the alleged injuries, and their clean antecedents. The State and the informant opposed the bail, arguing the seriousness of the charges. The Court, considering the lack of specific allegations, the minor injuries, and the petitioners’ clean record, granted anticipatory bail subject to a bond and sureties. The order directed that if arrested within eight weeks, the petitioners be released on bail under Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted when the allegations are general and omnibus in nature
  • Whether the petitioners’ clean antecedents and the minor nature of alleged injuries justify bail
  • Whether Section 482(2) of the B.N.S. permits the grant of anticipatory bail in such circumstances

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352

Subjects

  • anticipatory bail
  • general and omnibus accusation
  • clean antecedents
  • land dispute
  • assault
  • Section 482(2) of B.N.S.
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1521 of 2026
                        Arising Out of PS. Case No.-804 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
           1.     Kalawati Devi Wife of Arun Ray Resident of Village- Narayanpur, P.S.-
                  Garkha, District- Saran
           2.    Hari Ray Son of Binda Ray Resident of Village- Narayanpur, P.S.- Garkha,
                 District- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Danish Raja , Advocate
                 For the State           :        Mr. Pronoti Singh, APP
                 For the Informant       :        Mr. Rananjay Kumar, Advocate
                                                  Ms. Chhateshwari Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   06-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 117(2), 118(1), 109, 303(2), 352, 351(2), 351(3) and

                   3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these two petitioners,

                   abused and assaulted informant and his family members with

                   iron rod, dab and sword.
Patna High Court CR. MISC. No.1521 of 2026(3) dt.06-04-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, both parties are

          co-villagers and due to long standing land dispute, this false and

          concocted case has been lodged. Allegation of assault is general

          and omnibus and no specific accusation of overt act has been

          alleged against these petitioners. Doctor has found the injuries,

          allegedly caused by these petitioners, simple in nature.

          Petitioners claim clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, nature of

          injuries allegedly caused by these petitioners and clean

          antecedents of the petitioners, the prayer for grant of

          anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned Judicial Magistrate Ist
             Patna High Court CR. MISC. No.1521 of 2026(3) dt.06-04-2026
                                                         3/3




                       Class, Saran at Chapra in connection with Garkha P.S. Case No.

                       804 of 2025, subject to condition as laid down under Section

                       482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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