Patna High Court
Sita DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court allowed bail for petitioners Nos. 1‑4 and 6‑7 subject to conditions, and dismissed the bail application for petitioner No. 5 due to his surrender.
Summary
The petitioners, a family of seven members, feared arrest in connection with Bairiya Police Station Case No. 462 of 2025, which alleged offences under sections 132, 352, 351(2) and 3(5) of the Bihar Negotiable Security Act. They filed an application for bail, and the counsel for petitioner No. 5 produced a surrender certificate showing his surrender on 21‑02‑2026, rendering his bail application moot. The court dismissed the bail application for petitioner No. 5 and accepted the surrender certificate. For the remaining petitioners (Nos. 1‑4 and 6‑7), who were alleged to have protested a midnight police raid on their house, the court granted bail subject to a bond of Rs 10,000 with two sureties and the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS. The order directed that they must surrender or appear before the concerned court within four weeks to avail the bail.
Issues considered
- Whether bail can be granted to the petitioners who allegedly protested a midnight police raid.
- Whether the surrender of petitioner No. 5 defeats his bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- midnight police raid
- family members
- Criminal Procedure Code
- Section 438
- Section 482
- surrender
- arrest apprehension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1924 of 2026
Arising Out of PS. Case No.-462 Year-2025 Thana- BAIRIYA District- West Champaran
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1. Sita Devi Wife of Sanoj chaudhary @ Sanoj Kumar Resident Of Village-
Baghi Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar
2. Lalsa Kumari Daughter of Surendra Chaudhary Resident Of Village- Baghi
Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar
3. Sharda Kumari Daughter of Surendra Chaudhary Resident Of Village- Baghi
Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar
4. Tufani Chaudhary son of Surendra Chaudhary Resident Of Village- Baghi
Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar
5. Sanoj chaudhary @ Sanoj Kumar Son of Surendra chaudhary Resident Of
Village- Baghi Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar
6. Nanhak chaudhary @ Chandra Kishor Kumar son of Surendra Chaudhary
Resident Of Village- Baghi Ratanpur, P.s.- Bairiya, District- West
Chamapran Bihar
7. Surendra Chaudhary son of Late Laxman Chaudhary Resident Of Village-
Baghi Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mayank Mohan
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 23-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Bairiya P.S. Case No. 462 of 2025 registered
for the offence Sections 132, 352, 351(2), 3(5) of the BNS.
3. Learned counsel for the petitioners, at the very
outset, has produced the surrender certificate of petitioner no. 5
Patna High Court CR. MISC. No.1924 of 2026(6) dt.23-02-2026
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and has prayed for withdrawal of this application filed on behalf
of him as he has surrendered on 21.02.2026 in the Court of
Judicial Magistrate, West Champaran, Bettiah and this
application has become infructuous on his behalf.
4. Permission is accorded.
5. Accordingly, this application is dismissed with
regard to petitioner no. 5.
6. The allegation against the petitioners is that
when the police raided the house of the petitioners at around
11.55 P.M. for arresting the petitioner no. 5, petitioner no. 5 and
other petitioners protested and because of the same, this case
was lodged against them.
7. Considering the fact that the petitioner no. 1 to 4
and 6 to 7 are family members of petitioner no. 5 and the
allegation against them is of protesting the raid of police at mid-
night, this application is allowed.
8. Let the petitioner no. 1 to 4 and 6 to 7, above
named, in the event of their arrest or surrender before the
concerned Court below within four weeks from today, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned CJM, West Chamaparan,
Patna High Court CR. MISC. No.1924 of 2026(6) dt.23-02-2026
3/3
Bettiah/concerned Court below in connection with Bairiya P.S.
Case No. 462 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
9. The surrender certificate with regard to petitioner
no. 5 produced by the learned counsel for the petitioners, is
taken on record.
(Sandeep Kumar, J)
Vikas/-
U
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