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Patna High Court

Parvati DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       2/2




                     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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