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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                                            2/3




          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/-

U      T


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