Patna High Court
Sunita Devi @ Sunita KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that, in view of the general nature of the allegations and the petitioners' clean antecedent, anticipatory bail must be granted.
Summary
Sunita Devi and Uttam Kumar applied for anticipatory bail fearing arrest in PS Imamganj case No.352 of 2025, an FIR under multiple sections of the Bharatiya Nyaya Sanhita, 2023 alleging they participated in a violent assault on the informant and her family. The prosecution’s case is that the co‑accused Surendra Das assaulted the informant while intoxicated and that the petitioners arrived armed and joined the assault, causing injuries. The petitioners contended that the allegations against them are vague, general and omnibus, and that they have a clean antecedent, while the co‑accused are already in judicial custody. The court examined whether the lack of specific charges and the petitioners’ clean record justified anticipatory bail. Finding the allegations insufficiently specific and noting the petitioners’ clean antecedent, the court granted anticipatory bail subject to standard conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the allegations against the applicants are general and not specific.
- Whether the petitioners' clean antecedent and the custody of co‑accused justify the grant of anticipatory bail.
- Whether the offences alleged under the Bharatiya Nyaya Sanhita, 2023, warrant denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 74
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- general allegations
- clean antecedent
- assault
- Criminal Procedure Code
- Section 438
- Section 482
- Bharatiya Nyaya Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22360 of 2026
Arising Out of PS. Case No.-352 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
1. Sunita Devi @ Sunita Kumari W/o Surendra Das R/o Vill- Bela, PO-
Parsawan, PS- Imamganj, Dist- Gayaji
2. Uttam Kumar S/o Surendra Das R/o Vill- Bela, PO- Parsawan, PS-
Imamganj, Dist- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 06-05-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Imanganj P.S. Case No.352 of 2025, F.I.R dated
24.12.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 117(2), 109, 74, 352, 351(2)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, in brief, is that the
informant, Rina Devi, alleged that co-accused Surendra Das had
been abusing her for the last three days and, on 23.12.2025 at
about 5:00 P.M., while under the influence of liquor, again
abused and assaulted her when she protested. Upon hearing the
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commotion, the other accused persons, including the petitioners,
allegedly arrived armed with Tangi, sword, iron rod and lathi
and assaulted the informant and her family members, causing
injuries to several persons including the informant, Uttam
Kumar, Shivani Kumari, Soni Kumar, Pramod Das and Nandu
Das. It is alleged that the accused persons used various weapons
during the occurrence, resulting in injuries to the victims.
4. Learned counsel for the petitioners by referring to
F.I.R., submits that specific allegation of assault and overt act
against co-accused persons, which resulted in grievous injury,
has already been surrendered before the learned Court
concerned and the allegations against the present petitioners are
general and omnibus in nature and the petitioners have clean
antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that no specific allegation of assault act or over act rather the
allegations are general and omnibus in nature and the co-
accused persons who assaulted the informant and his family
members in already in judicial custody and the petitioners have
clean antecedent. Accordingly, this Court is inclined to grant the
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privilege of anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, 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 Judicial Magistrate, 1st Class, Shergati, Gayaji, in
connection with Imanganj P.S. Case No.352 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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