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Patna High Court

Rupanti Devi @ Rupam DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court allowed anticipatory bail to the petitioners, holding that they are not the assailants, have no criminal antecedents, and the case involves a general accusation.

Summary

The petitioners, three women from Kodhal village, were named in an FIR alleging that they, along with others, assaulted an informant and her family on 14 December 2024, resulting in the death of the informant's brother‑in‑law. Their earlier bail application was rejected on the erroneous ground that they were declared absconders. The petitioners contended they had no involvement in the assault, possessed clean antecedents, and that no specific overt act was attributed to them. The State opposed anticipatory bail, but the Court noted the general and omnibus nature of the accusation and the petitioners' lack of criminal history. Accordingly, the Court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to persons named in an FIR but not specifically accused of the principal offence.
  • Whether the earlier finding of the petitioners as absconders was correct and relevant to bail.
  • Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant bail in such circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • assault with deadly weapons
  • death of informant's relative
  • absconder
  • Section 482
  • high court inherent powers
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15439 of 2026
                 Arising Out of PS. Case No.-317 Year-2024 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
           1.     Rupanti Devi @ Rupam Devi W/O Rakesh Rai @ Rakesh Yadav R/O
                  Village- Kodhal, P.S.- Pakridayal, District- East Champaran
           2.    Sunita Devi W/O Mukesh Yadav @ Mukesh Kumar R/O Village- Kodhal,
                 P.S.- Pakridayal, District- East Champaran
           3.    Rima Devi W/O Umesh Yadav R/O Village- Kodhal, P.S.- Pakridayal,
                 District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Kant Singh, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   25-06-2026                      Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State .

                                2. Earlier, the prayer for bail of petitioner was rejected

                   vide order dated 09.12.2025 in Cr. Misc. No. 33803 of 2025 on

                   the ground that petitioner have been declared absconder but

                   later on the same is found to be incorrect.

                                 3. As per prosecution case, on 14.12.2024 at about

                   9:20 AM, all the F.I.R. named accused persons, including these

                   petitioners, armed with deadly weapons, came and assaulted

                   informant and her family members due to which they sustained

                   injuries and during course of treatment, brother-in-law (Dewar)
Patna High Court CR. MISC. No.15439 of 2026(3) dt.25-06-2026
                                            2/3




          of informant died.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. From bare perusal of the F.I.R. it is

          apparent that Petitioner these petitioners are not the assailant of

          the deceased and there is no specific accusation of overt act

          against them. Petitioners           claim clean antecedents. Similarly

          situated co-accused persons have already been granted bail by

          this Hon’ble Court vide order dated 09.12.2025 in Cr. Misc.

          No. 33803 of 2025 .

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

          the informant vehemently opposed the prayer for grant of

          anticipatory bail to these petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, fact that these

          petitioners are not the assailant of the deceased, coupled with

          the facts that petitioners have got no criminal antecedents, the

          prayer for grant of anticipatory bail to             these 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.
          Patna High Court CR. MISC. No.15439 of 2026(3) dt.25-06-2026
                                                      3/3




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

                    amount each to the satisfaction of learned A.C.J.M.-8, East

                    Champaran, Motihari in connection with Pakridayal P.S. Case

                    No. 317 of 2024, subject to condition as laid down under

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




                                          (Prabhat Kumar Singh, J)
Koushik/Alok
Raj-

U     T


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