Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 352
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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/-
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