Created by Fuzzy Cloud

Patna High Court

Veena Devi @ Veena KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                                         2/2




                       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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.