Patna High Court
Priyanka Kumari @ Priyanka DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court grants anticipatory bail to petitioners 1‑4, subject to a bond of Rs 10,000 and two sureties each, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, five individuals, sought anticipatory bail fearing arrest in connection with FIR No. 411 of 2025, which alleged offences under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that an informant, Vimla Devi, was assaulted by family members after she raised an alarm during worship, but the petitioners contended that the allegations were fabricated, they had clean antecedents, and the case was politically motivated. The State opposed the grant of anticipatory bail. The Court examined the lack of specific allegations against the petitioners and the possibility of misuse of the criminal process, and, invoking its inherent powers under Section 482(2) of the BNS, decided to grant anticipatory bail to petitioners 1‑4 subject to a bond of Rs 10,000 with two sureties each. Petition 5, Rahul Kumar, had already been arrested and withdrew his application, rendering that part of the case infructuous. The order conditions the bail on surrender within four weeks and compliance with the stipulated terms.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the allegations in FIR No. 411 of 2025.
- Whether the prosecution has made a prima facie case justifying denial of bail.
- Whether the Court’s inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be exercised to prevent abuse of the criminal process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- FIR
- political vendetta
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1582 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
1. Priyanka Kumari @ Priyanka Devi D/o- Bhola Kumar, W/o- Sonu Mahto @
Sonu Kumar Roy R/v- Chhatauna Ps- Samastipur Muffasil Dist- Samastipur
2. Chandani Devi @ Chaniya Devi D/o- Late Prasadi Mahto R/v- Chhatauna
Ps- Samastipur Muffasil Dist- Samastipur, A/P- Haripur Khairi Ps- Khanpur
Dist- Samastipur
3. Bholi Kumari @ Bholiya Devi D/o- Late Prasadi Mahto, W/o- Sohan Kumar
R/v- Chhatauna Ps- Samastipur Muffasil Dist- Samastipur, A/P- Chandchaur
Ps- Ujiarpur Dist- Samastipur
4. Vimla Devi W/o- Late Prasadi Mahto R/v- Chhatauna Ps- Samastipur
Muffasil Dist- Samastipur
5. Rahul Kumar S/o- Sonu Mahto @ Ashwani Kumar R/v- Kashipur Ps-
Samastipur Town Dist- Samastipur
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Learned counsel for the petitioners, at the outset,
submits that petitioner no. 5, Rahul Kumar, has been arrested
during the pendency of this application and seeks permission to
withdraw this application with respect to petitioner no. 5.
3. As prayed for, this case has become infructuous
with respect to petitioner no. 5.
4. The petitioner nos. 1 to 4 apprehend their arrest in
Patna High Court CR. MISC. No.1582 of 2026(2) dt.28-01-2026
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connection with Samastipur (Muffasil) P.S. Case No. 411 of
2025, registered for the offences punishable under Sections
126(2), 115(2), 303(2), 109(1), 351(2), 352, 3(5) of the BNS,
2023.
5. The case of the prosecution, in short, is that on
06.10.2025 the informant during her worship at Bhuiya Asthan,
accused Vimla Devi raised alarm that as and when she
worshiped there, one of the members of her family member got
ill so she directed not to worship and when she protested, the
accused persons started assaulting her and when her family
member came to rescue, they were also brutally assaulted.
6. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent. The entire
prosecution story is false, fabricated and concocted. Learned
counsel for the petitioners submits that there is no manner of
occurrence as alleged has ever taken place. It is further
submitted that the allegations are general and omnibus in nature.
7. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
8. It has been stated in paragraph-9 of the application
that the present prosecution is as a result of counter-blast action
of Samastipur (Muffasil) P.S. Case No. 410 of 2025 dated
Patna High Court CR. MISC. No.1582 of 2026(2) dt.28-01-2026
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06.10.2025 under Section 126(2), 115(2), 786, 118(1), 109(1),
117(2), 303(3), 329(4), 351(2), 352 and 3(5) of the BNS, 2023
by Priyanka Kumari (petitioner no.1) against the informant side.
Further from the reading of the FIR it does not appear that there
is any specific allegation of assault against any of the petitioners
and it appears to be that on account of village politics, this
prosecution has been lodged against the petitioners. Under these
circumstances, this Court is inclined to grant privilege of
anticipatory bail to the petitioners.
9. Let the petitioner nos. 1 to 4, named above, in the
event of their arrest or surrender before the Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-II, Samastipur in
connection with Samastipur (Muffasil) P.S. Case No. 411 of
2025, subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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