Patna High Court
Veena Devi @ Veena KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted conditionally under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S.
Summary
The petitioner, Veena Devi, sought anticipatory bail fearing arrest in a case (PS Case No. 134 of 2025) alleging offences under Sections 126(2), 115(2), 117(2), 109 and 3(5) of the Bihar Negotiable Sale Act. The prosecution alleged that she and a co‑accused assaulted an informant’s father, causing grievous injuries, but the FIR contained general and omnibus allegations and specifically attributed the assault to the co‑accused. The petitioner argued that the allegations against her were vague, she had no criminal record, and she was being falsely implicated. The State opposed the bail. The Court, noting the non‑specific nature of the allegations, the petitioner’s clean record and her status as a woman, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and the condition that she surrender within four weeks, invoking Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail is warranted in view of the general and omnibus nature of the allegations
- Whether Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S. can be invoked to grant bail
- Whether the petitioner’s gender and lack of prior criminal record justify bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- general and omnibus allegations
- gender considerations
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23272 of 2026
Arising Out of PS. Case No.-134 Year-2025 Thana- JAHANABAD District- Jehanabad
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Veena Devi @ Veena Kumari wife of Ranjay Kumar Resident of Village-
Erki, P.S. and District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate
For the State : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection
with Jehanabad P.S. Case No. 134 of 2025 in a case registered for
the offence punishable under Sections 126(2), 115(2), 117(2), 109,
3(5) of the BNS.
3. As per the prosecution story, on 17.02.2025, the
petitioner and co-accused Dheeraj Kumar allegedly intercepted the
informant’s father and assaulted him with a lathi, rod, and basula,
as a result of which he sustained a fractured left leg and multiple
injuries.
4. Learned counsel for the petitioner submits that it
appears from the First Information Report that there are general and
omnibus allegations against the petitioner, and the specific
allegation of assault causing grievous injury is attributed to one
Dheeraj Kumar, however, the same is also on a non-vital part of the
Patna High Court CR. MISC. No.23272 of 2026(2) dt.17-04-2026
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body. It is further submitted that there is a case and counter-case
between the parties, and the petitioner, being a lady with no
criminal antecedent, has been falsely implicated in the present case.
5. Learned APP for the State has opposed the application
for anticipatory bail.
6. Taking into consideration the facts and circumstances
and also considering the general and omnibus nature of allegation
coupled with the fact that the petitioner is a lady having no criminal
antecedent, let the above named petitioner, in the event of her arrest
or surrender before the learned Court below within a period of four
weeks from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with Jehanabad
P.S. Case No. 134 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
priyanka/-
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