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Patna High Court

Rina KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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.
Patna High Court CR. MISC. No.17862 of 2026(3) dt.06-05-2026
                                            3/4




                       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.
              Patna High Court CR. MISC. No.17862 of 2026(3) dt.06-05-2026
                                                          4/4




                                     (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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