Patna High Court
Vinita Devi @ Vinita KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted because the allegations were vague, the petitioner had clean antecedents and the dispute had been settled.
Summary
The petitioner, Vinita Devi, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 117(2), 109(1) and 3(5) of the B.N.S. The prosecution alleged that she, along with a co‑accused, assaulted the brother of an informant with bricks. The petitioner contended she was innocent, the dispute was a petty village quarrel that had already been resolved through a compromise petition, and she had a clean record. The State opposed the bail. The Court, noting the general and omnibus nature of the accusation, the petitioner’s clean antecedents and the settlement of the dispute, allowed the anticipatory bail, directing that if arrested within eight weeks she be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when the accusation is general and omnibus.
- Whether the petitioner’s clean antecedents and the existence of a compromise petition justify granting anticipatory bail.
- Whether the provisions of Sections 126(2), 115(2), 117(2), 109(1) and 3(5) of the B.N.S. preclude anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- general and omnibus accusation
- clean antecedents
- compromise petition
- B.N.S. sections
- Section 482(2) condition
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19957 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- MANPUR District- Nalanda
======================================================
Vinita Devi @ Vinita Kumari W/o Sudhir Choudhary R/o Village -
Khadebigha, P.S - Manpur, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Pramod Kumar Sinha, Advocate
For the State : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 117(2), 109(1) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, along with co-accused Sudarshan Choudhary,
assaulted brother of informant with bricks.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, both parties are co-
villagers and on account of petty dispute, a simple maar-peet
Patna High Court CR. MISC. No.19957 of 2026(2) dt.08-04-2026
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took place between the parties. Allegation of assault is general
and omnibus and no specific accusation of overt act has been
alleged against this petitioner. It is further submitted that during
pendency of this case, due to intervention of well wishers of
both the parties, the dispute has already been resolved and a
compromise petition to this effect has also been filed, copy of
which is Annexure-P/2 to this bail petition. Petitioner is a lady
and claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Nalanda at Biharsharif in connection with Manpur P.S. Case No.
122 of 2025, subject to condition as laid down under Section
Patna High Court CR. MISC. No.19957 of 2026(2) dt.08-04-2026
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482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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