Patna High Court
Rina KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court held that, given no specific allegation in the FIR and the precedent of anticipatory bail to a similarly situated co-accused, the petitioner is entitled to be enlarged on bail upon arrest, subject to statutory conditions.
Summary
The petitioner, Rina Kumari, sought bail in a case (Kowakol P.S. Case No. 480 of 2025) involving multiple offences under the B.N.S., where she was alleged to have participated in a violent assault that resulted in the informant's death. She claimed innocence, asserted no specific allegation against her in the FIR, and highlighted that a co-accused, Pinki Kumari, had already been granted anticipatory bail by a coordinate bench of the same court. The State opposed bail, relying on the informant’s statement under Section 161 Cr.PC that the petitioner supplied weapons used in the assault. The court examined the lack of a direct FIR allegation against the petitioner and the precedent of bail to a similarly situated co-accused. Finding that the petitioner had no criminal antecedents and that the FIR did not specifically charge her, the court allowed the bail petition. The order directed that she be enlarged on bail upon arrest, subject to conditions under Section 482(2) of the B.N.S.S 2023.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the absence of a specific allegation against the petitioner in the FIR warrants bail.
- Whether the grant of anticipatory bail to a co-accused influences the bail decision for the petitioner.
- Whether conditions under Section 482(2) of the B.N.S.S 2023 are applicable.
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 117(2), 118(1), 190, 191(2), 191(3), 324(4), 324(5), 329(3), 61(2)
- B.N.S.S., 2023 — s. 482(2)
- Criminal Procedure Code — s. 161
Subjects
- bail
- anticipatory bail
- Criminal Procedure Code
- Section 161
- Section 482
- assault
- homicide
- FIR
- court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17862 of 2026
Arising Out of PS. Case No.-480 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Rina Kumari, wife of Umesh Sao, Resident of Village- Lalpur, P.S.- Kowalol
Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate.
For the State : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending her arrest,
in connection with Kowakol P.S. Case No. 480 of 2025 dated
01.12.2025 registered for the offences punishable under
Sections 191(2), 191(3), 190, 329(3), 324(4)(5), 115(2), 118(1),
117(2), 109, 103(1) and 61(2) of B.N.S.
3. As per allegation, petitioner and other co-accused
persons started breaking the boundary wall of the informant.
They also damaged the asbestos roof of the house of the cousin
of the informant. They were armed with khanti, spade, tangi and
sword. When their act was opposed by the informant, his cousin
and the wife of his cousin, all of them brutally assaulted them
causing a number of injuries to them and the cousin of the
Patna High Court CR. MISC. No.17862 of 2026(3) dt.06-05-2026
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informant died while being taken to the hospital.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that similarly situated co-accused Pinki
Kumari has been already enlarged on anticipatory bail by a co-
ordinate Bench of this Court vide order dated 03.04.2026 passed
in Cr. Misc. 14848 of 2026. He also submits that there is no
specific allegation against the petitioner in the First Information
Report.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned counsel for the informant and
learned APP for the State vehemently oppose the prayer of the
Petitioner for bail submitting that as per the re-statement of the
informant under Section 161 Cr.PC, the petitioner had supplied
khanti to the main assailant and co-accused Pinki Kumari who
has got anticipatory bail by a co-ordinate Bench of this Court
had supplied spade to her husband by which he assaulted one of
the victims causing grievous injury.
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8. I considered the submission advanced by both the
parties and perused the materials on record.
8. Considering the fact that there is no specific
allegation against the petitioner in the First Information Report
and similarly situated co-accused has been enlarged on
anticipatory bail by a co-ordinate Bench of this Court, this
petition is allowed, directing the petitioner, above-named, to be
enlarged on bail, in the event of her arrest or surrender before
the court below within a period of eight weeks from the date of
receipt / production of a copy of this order, on her furnishing
bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
concerned court below in connection with Kowakol P.S. Case
No. 480 of 2025, subject to the conditions as laid down under
Section 482 (2) of the B.N.S.S 2023, and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner after
hearing her and getting satisfied that the petitioner has
concealed her criminal antecedents despite her knowledge of the
same.
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(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
S.Ali/-
U T
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