Patna High Court
Kalawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
2/3
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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