Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner with specified conditions.
Summary
The petitioners, three women from Dhol village, sought relief from an application for anticipatory bail. Petitioners 2 and 3 withdrew their application after being arrested, and the court dismissed it as infructuous. Petitioner's 1, Sunita Devi, feared arrest in a case registered under Sections 126(2), 115(2), 109, 221, 132 and 3(5) of the B.N.S for allegedly pelting stones at police, causing a minor head injury to an informant. The FIR named nine accused and the allegations against Sunita were described as general and omnibus, with the injury being simple and the petitioner having no prior criminal record. The court, considering the nature of the allegations and the minor injury, granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. given the general and omnibus nature of the allegations.
- Whether the seriousness of the alleged offences under the B.N.S warrants denial of bail.
- Whether the conditions imposed (surrender within four weeks, bond and sureties) are appropriate under the law.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 132, 221, 3(5)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- general and omnibus allegations
- stone pelting
- police assault
- bail conditions
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25647 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- KASMA District- Aurangabad
======================================================
1. Sunita Devi W/o Shiv Kumar Das Resident of Village- Dhol, P.S.- Kasma,
District- Aurangabad (Bihar)
2. Fulvanti Devi @ Fulmati Devi W/o Shyamdev Das @ Samdev Das Resident
of Village- Dhol, P.S.- Kasma, District- Aurangabad (Bihar)
3. Kavita Kumari @ Kavita Devi D/o Anil Das @ Anil Kumar Resident of
Village- Dhol, P.S.- Kasma, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Ranjan Kumar
For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 At the outset, learned counsel for the petitioners prays
for withdrawal of the present application on behalf of petitioner
nos. 2 and 3 as they have been arrested.
2. Prayer is allowed.
3. Accordingly, the application on behalf of petitioner
nos. 2 and 3 is dismissed as having become infructuous.
4. Heard learned counsel for the petitioner no. 1 and
learned Additional Public Prosecutor for the State.
5. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109, 221, 132, 3(5) of the B.N.S.
6. There is allegation of pelting stones on the police
Patna High Court CR. MISC. No.25647 of 2026(2) dt.30-04-2026
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party upon the petitioner due to which the informant sustained
head injury.
7. Learned counsel for the petitioner submits that it
would be evident from the First Information Report itself that as
many as 9 persons along with some unknown persons have been
made accused in the FIR and the allegations against the
petitioner no. 1 is general and omnibus in nature showing her
complicity in the act of brick batting on the police personnel at
the instigation provided by one Braj Kishore Kumar. The injury
report of the informant has also been shown indicating that the
injuries are simple in nature. Further, the petitioner is a lady
having no criminal antecedent.
8. Learned APP for the State has opposed the
application for anticipatory bail.
9. Taking into consideration the facts and
circumstances and also considering the general and omnibus
nature of allegations coupled with the simple injury, 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
Patna High Court CR. MISC. No.25647 of 2026(2) dt.30-04-2026
3/3
the case is pending/successor court in connection with Kasma
P.S. Case No. 148 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)
devendra/-
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