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Patna High Court

Geeta DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to surrender, bail bond and surety conditions.

Summary

The petitioners, members of the Swarnkar family, sought anticipatory bail fearing arrest in a case (PS‑Murliganj Case No. 414 of 2025) alleging offences under Sections 126(2), 115(2), 109, 352, 303(2) and 3(5) of the B.N.S. The FIR, filed three days after the alleged incident, contained general and omnibus allegations and related to a land dispute, with injuries described as simple and caused by a hard blunt object. The petitioners argued they had no criminal antecedents and that the FIR was vague and delayed. The State opposed the bail. The Court, noting the vague nature of the allegations, the pending title appeal, the simple injuries, and the petitioners’ clean record, granted anticipatory bail on condition of surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted despite general and omnibus allegations in the FIR
  • Whether the delay in lodging the FIR and the nature of injuries affect bail considerations
  • Whether the pending land dispute and title appeal impact the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • general and omnibus FIR
  • land dispute
  • simple injuries
  • Criminal Procedure Code
  • Bihar Negotiable (B.N.S.) Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2863 of 2026
                   Arising Out of PS. Case No.-414 Year-2025 Thana- MURLIGANJ District- Madhepura
                 ======================================================
           1.     Geeta Devi Wife of Arjun Swarnkar R/o Village - Rampur, Ward No. 9, P.S.
                  - Murliganj, Distt. - Madhepura.
           2.    Asha Devi Wife of Om Prakash Swarnkar R/o Village - Rampur, Ward No.
                 9, P.S. - Murliganj, Distt. - Madhepura.
           3.    Raju Swarnkar Son of Arjun Swarnkar R/o Village - Rampur, Ward No. 9,
                 P.S. - Murliganj, Distt. - Madhepura.
           4.    Om Prakash Swarnkar Son of Arjun Swarnkar R/o Village - Rampur, Ward
                 No. 9, P.S. - Murliganj, Distt. - Madhepura.
           5.    Manti Swarnkar @ Vijay Swarnkar Son of Arjun Swarnkar R/o Village -
                 Rampur, Ward No. 9, P.S. - Murliganj, Distt. - Madhepura.
           6.     Arjun Swarnkar Son of Late Fagu Swarnkar R/o Village - Rampur, Ward No.
                  9, P.S. - Murliganj, Distt. - Madhepura.
                                                                           ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bijendra Kumar Singh
                 For the Opposite Party/s :      Mr.Rajendra Singh
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State,

                                2. The petitioners are apprehending their arrest in a

                   case registered for the offence punishable under Sections

                   126(2), 115(2), 109, 352, 303(2), 3(5) of B.N.S.

                                3. The allegation in the first information report is that

                   the accused persons along with 4 to 5 unknown persons came

                   variously armed and indulged in abuse and assault.

                                4. Learned counsel for the petitioner submits that

                   there are general and omnibus allegations in the FIR and the

                   same has been lodged after a delay of 3 days for which no
             Patna High Court CR. MISC. No.2863 of 2026(2) dt.28-01-2026
                                                         2/2




                       explanation has been tendered. It has also been submitted that a

                       title appeal is pending between the parties and there is also a

                       counter case from the petitioners’ side. The injuries also indicate

                       that they are simple in nature caused by hard and blunt

                       substance.

                                    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 fact there is general and

                       omnibus allegation coupled with the fact that there is land

                       dispute and the injuries being simple in nature, let the above

                       named petitioners, who have no criminal antecedent, in the

                       event of their 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)

                       each 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 Murliganj P.S. Case No. 414 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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