Patna High Court
Parvati DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that anticipatory bail may be granted as the allegations were vague and no specific charge was made against the petitioners, subject to conditions under Section 482(2).
Summary
The petitioners Parvati Devi and Navin Kumar applied for anticipatory bail fearing arrest in a case (Sahiyara P.S. Case No. 170 of 2025) alleging they assaulted the father of an informant, leading to his death. The prosecution alleged a scuffle and assault with lathi danda, while the petitioners contended they had no specific allegation against them and possessed no criminal antecedent. The petitioners also highlighted that a similarly situated co-accused had already been granted bail in a related case. The State opposed the bail, but the court, after hearing both sides, found the allegations vague and not specifically directed at the petitioners. Consequently, the court ordered that the petitioners surrender within four weeks and, if arrested, be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations.
- Whether the allegations against the petitioners are specific enough to deny anticipatory bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 3(5), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- assault
- homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17763 of 2026
Arising Out of PS. Case No.-170 Year-2025 Thana- SAHIYARA District- Sitamarhi
======================================================
1. Parvati Devi Son of Vipin Sahni R/o Village - Hanuman Nagar, P.S. -
Sahiyara, Dist. - Sitamarhi, Bihar, 843332.
2. Navin Kumar Son of Vipin Sahni R/o Village - Hanuman Nagar, P.S. -
Sahiyara, Dist. - Sitamarhi, Bihar, 843332.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar, Advocate
For the Opposite Party/s : Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners and the learned
APP for the State.
2. The instant application for anticipatory bail has been
filed by the petitioners apprehending their arrest in connection
with Sahiyara P.S. Case No. 170 of 2025 instituted for the offence
under Sections 103(1), 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the
petitioner along with others were having scuffle with one Raushan
Kumar. It is further alleged that the father of the informant,
namely, Khobhari Sahani went there to settle the dispute. On this
he was assaulted by all the accused persons with lathi danda due
to which he died.
4. Learned counsel appearing on behalf of the petitioners
have submitted that petitioners are innocent and have committed
Patna High Court CR. MISC. No.17763 of 2026(2) dt.18-03-2026
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no offence. The nature of allegation against the petitioners are
general and omnibus. He also submits that there is no specific
allegation against the petitioners that they have assaulted the
deceased. He further submits that a statement has been made in
para-3 of this petition that the petitioner has got no criminal
antecedent. Similarly situated other co-accused person has already
been granted bail by this Court vide Cr. Misc. No. 16305 of 2026.
5. In contra, learned APP appearing for the State has
opposed the prayer of anticipatory bail of the petitioners.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioners on bail. The petitioners are
directed to surrender in the Court below within a period of four
weeks from today and in the event of their arrest or surrender in
connection with Sahiyara P.S. Case No. 170 of 2025, they will be
enlarged 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 learned Judicial Magistrate, 1 st Class, Sitamarhi
subject to the conditions as laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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