Patna High Court
Anjali Kumari @ Anjali DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to petitioners No.1 and No.3, dismissed the withdrawn bail request of petitioner No.2, and denied bail to petitioner No.4.
Summary
The petitioners, a family of four, applied for pre‑arrest bail in a case registered under multiple sections of the Bihar Non‑Compulsory Statutes (BNS). During the hearing, the bail application for petitioner No.2, Kavita Devi, was withdrawn because she had been arrested, and the court dismissed that request. The court examined the allegations against petitioners No.1 (Anjali Kumari) and No.3 (Hemanti Devi) and, finding no specific allegation against them, granted them pre‑arrest bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 438(2) Cr.P.C. and Section 482(2) BNSS. However, the court refused bail to petitioner No.4, Upendra Ram, citing the seriousness of the alleged assault and injury to the informant’s mother‑in‑law. The court also directed the District Court to verify the criminal antecedents of petitioners No.1 and No.3, stating that the bail order would lapse if they are found involved in other cases. The bail application was ultimately disposed.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under the listed sections of the BNS.
- Whether bail can be withdrawn for a petitioner who has been arrested during pendency of the application.
- Whether the seriousness of the alleged offences justifies denial of bail to petitioner No.4.
Legislation cited
- Bihar Non‑Compulsory Statutes (BNS) — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
- Bihar Non‑Compulsory Statutes (BNSS) — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- pre‑arrest bail
- bail withdrawal
- Section 438 Cr.P.C.
- Section 482 BNSS
- Bihar Non‑Compulsory Statutes
- criminal assault
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20343 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
1. Anjali Kumari @ Anjali Devi D/o Upendra Ram R/o - Chhautauna Road,
P.S - Muffassil, District - Samastipur, Pin - 848101
2. Kavita Devi D/o Upendra Ram R/o - Chhautauna Road, P.S - Muffassil,
District - Samastipur, Pin - 848101
3. Hemanti Devi W/o Upendra Ram R/o - Chhautauna Road, P.S - Muffassil,
District - Samastipur, Pin - 848101
4. Upendra Ram S/o Late Asharfi Ram R/o - Chhautauna Road, P.S - Muffassil,
District - Samastipur, Pin - 848101
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Piyush Kumar Pandey, Advocate.
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 At the outset, learned counsel appearing on behalf of
the petitioners seeks to withdraw the prayer for bail on behalf of
petitioner no.2 Kavita Devi submitting that she has been
arrested during the pendency of the bail application.
2. In view of the above, the prayer for bail on behalf
of petitioner no.2 Kavita Devi stands dismissed as withdrawn.
3. Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
4. The petitioner nos. 1, 3 and 4 seek pre-arrest bail in
connection with Samastipur (Muffasil) P.S. Case No. 23 of 2026
Patna High Court CR. MISC. No.20343 of 2026(2) dt.08-04-2026
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registered for the offence punishable under Sections 126(2),
115(2), 118(1), 303(2), 76, 109(1), 352, 351(2) and 3(5) of the
BNS.
5. As per the allegation made in the F.I.R., petitioner
no. 4, Upendra Ram, along with his sons and other family
members, misbehaved with the informant and her mother-in-
law. It is further alleged that, in an inebriated condition and with
an intention to kill, he assaulted the informant’s mother-in-law,
causing head injury. She was admitted to Sadar Hospital, where
she received six stitches on her head, and was subsequently
referred to another doctor for better treatment.
6. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
have falsely been implicated in the case. The injury sustained by
the informant’s mother-in-law is simple in nature. The
petitioners have clean antecedent.
7. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
8. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. against petitioner nos. 1 and 3, in absence of specific
allegation against them, the petitioner nos. 1 and 3 are directed
to be released on pre-arrest bail, in the event of their arrest or
Patna High Court CR. MISC. No.20343 of 2026(2) dt.08-04-2026
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surrender before the Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned CJM, Samastipur in connection with
Samastipur (Muffasil) P.S. Case No. 23 of 2026, subject to the
condition as laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
9. So far as petitioner no.4 is concerned, it has been
alleged in the F.I.R. that he along with his sons in an inebriated
condition outraged the modesty of the informant and with an
intention to kill, assaulted her mother-in-law who had received
six stitches on her head which is the vital part of the body, I am
not inclined to enlarge the petitioner no.4 Upendra Ram on pre-
arrest bail.
10. The District Court is directed to verify the
criminal antecedent of the petitioner nos. 1 and 3 and if it is
found that the petitioner nos. 1 and 3 are involved in some other
cases as what has been stated in Para-3 of the bail petition, this
order will automatically lose its force.
11. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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