Created by Fuzzy Cloud

Patna High Court

Priyanka Kumari @ Priyanka DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.