Patna High Court
Gauri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) of the Bihar Narcotic Substances Act, 2023.
Summary
The petitioners – Gauri Devi and three of her sons – applied for anticipatory bail fearing arrest in a case (Harlakhi PS Case No.116 of 2025) filed under several sections of the Bihar Narcotic Substances Act, 2023. The FIR alleges that the accused, including the petitioners, went armed to an informant’s house, abused him and that co‑accused Alok Kumar Yadav assaulted the informant with an iron rod. The petitioners contend that the allegation against them is merely a general, omnibus one, that the specific assault was committed by Alok Kumar Yadav, that there was an unjustified three‑day delay in lodging the FIR, and that the injuries are not attributable to them. The State opposed the anticipatory bail. The Court, considering the lack of specific incriminating material against the petitioners and the presence of a 70‑year‑old petitioner, granted anticipatory bail subject to a bail bond, sureties, a family‑member bailor and cooperation with the investigation.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains only a general, omnibus allegation against the petitioners.
- Whether the delay in filing the FIR and the lack of specific attribution of injuries to the petitioners justify granting anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- general allegation
- FIR delay
- Section 438 CrPC
- Section 482 B.N.S
- assault
- co‑accused
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2946 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- HARLAKHI District- Madhubani
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1. Gauri Devi W/O Upendar Yadav @ Upendra Yadav Resident of village-
Kundal Madhiya, P.S. Harlakhi District- Madhubani
2. Phul Kumar Yadav Son of Upendra Yadav Resident of village- Kundal
Madhiya, P.S. Harlakhi District- Madhubani
3. Ranjeet Yadav Son of Upendra Yadav Resident of village- Kundal Madhiya,
P.S. Harlakhi District- Madhubani
4. Pradeep Kumar Yadav @ Pradeep Yadav Son of Upendra Yadav Resident of
village- Kundal Madhiya, P.S. Harlakhi District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Harlakhi P.S. Case no.116 of 2025 registered
under Sections 126(2), 115(2), 352, 351(2), 109, 74, 303(2) and
3(5) of B.N.S, 2023.
3. The allegation in the F.I.R is that all the F.I.R
named accused persons including the petitioners herein came to
the house of the informant variously armed and started abusing
the informant. On protest, accused Alok Kumar Yadav assaulted
Patna High Court CR. MISC. No.2946 of 2026(2) dt.28-01-2026
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the informant with iron rod causing injuries.
4. Learned counsel for the petitioners submits that
there is general and omnibus allegation levelled against the
petitioners of assault and the specific allegation is upon co-
accused Alok Kumar Yadav, who is not the petitioner in the
present application. It is further submitted that there is
inordinate delay of three days in lodging of F.I.R, for which no
explanation has been tendered. Learned counsel for the
petitioner referring to the bail rejection order submits that all
injuries are on non-vital part of the body but in any view of the
matter, the same is not attributable to the present petitioners.
The petitioners undertake to co-operate in case/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that there is
general and omnibus allegation levelled against these petitioners
which also includes 70 years old man and the injuries sustained
by the informant is not attributable to these petitioners, it is
directed that the petitioners above named, in the event of their
arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
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connection with Harlakhi P.S. Case no.116 of 2025 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 concerned where the case is pending/successor
Court, subject to the condition laid down under Section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
B.N.S.S, 2023 and subject to the following conditions:-
(I) One of the bailors of the petitioners shall be the
family member/close relative of the petitioner.
(II) He shall co-operate in the investigation/trial.
(Soni Shrivastava, J)
Harsh/-
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