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Patna High Court

Soni DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to specified conditions.

Summary

Soni Devi and Khushbu Kumari, sisters from Pipara, sought anticipatory bail fearing arrest in a case (Sahajitpur P.S. Case No. 01 of 2026) registered under Sections 96 and 3(5) of the Bihar Narcotic Substances Act. The informant alleged that his minor daughter disappeared after being taken by Vicky Kumar Singh, who was in a relationship with the girl. The petitioners contended they had no involvement and that the alleged conspiracy was solely by Vicky and his family. The court, after hearing both sides, found no criminal antecedent against the petitioners and granted them anticipatory bail subject to strict conditions, including surety, cooperation with police, and non‑interference with witnesses. The order directed that the bail be effective if they are arrested or surrender within four weeks, with a bond of Rs. 10,000 and two sureties each.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Sections 96 and 3(5) of the Bihar Narcotic Substances Act.
  • Whether there is a likelihood of the petitioners tampering with evidence or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bihar Narcotic Substances Act
  • Section 96
  • Section 3(5)
  • minor disappearance
  • witness tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29592 of 2026
                       Arising Out of PS. Case No.-1 Year-2026 Thana- SAHAJITPUR District- Saran
                 ======================================================
           1.     Soni Devi W/O Nagendra Singh R/O Vill.- Pipara, P.S.- Sahajitpur, Dist.-
                  Saran
           2.    Khushbu Kumari D/O Nagendra Singh R/O Vill.- Pipara, P.S.- Sahajitpur,
                 Dist.- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Rajeev Kumar Singh, Advocate
                 For the State           :        Mr. Shyameshwar Dayal, APP
                 For the Informant       :        Mr. Gajendra Nath Ojha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   06-05-2026                     Heard the parties.

                                 2. The petitioners are apprehending their arrest in

                   connection with Sahajitpur P.S. Case No. 01 of 2026 registered

                   for the offence under Sections 96 and 3(5) of the B.N.S., lodged

                   on 02.01.2026 by the informant, Santosh Kumar Singh.

                                 3. As per the prosecution story, the informant alleged

                   that his minor daughter went out to the coaching centre but

                   failed to return. Later, it came to notice that Vicky Kumar Singh

                   alongwith his family members had ensured the disappearance of

                   his daughter. Upon query, abuse and assault. This led to the

                   F.I.R.

                                 4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29592 of 2026(2) dt.06-05-2026
                                            2/3




          Vicky Kumar Singh was having in relationship with the girl in

          question who has since returned, the mother and sister who are

          petitioner herein have no role to play in the matter.

                       5. As the informant has appeared, Mr. Singh submits

          that with the active connivance of all the family members, the

          minor girl disappeared.

                       6. Having heard the parties, the allegation is under

          Vicky Kumar Singh, the petitioners herein are ladies having no

          criminal antecedent, in that background, this Court is inclined to

          extend them the privilege of anticipatory bail.

                       7. Let the petitioners be released on bail in the event

          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) each with two sureties of like amount each to the

          satisfaction of learned Sessions Judge, Saran at Chapra, in

          connection with Sahajitpur P.S. Case No. 01 of 2026 subject to

          the following conditions:-

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;

                       (ii) the petitioners shall be appearing before the Police
            Patna High Court CR. MISC. No.29592 of 2026(2) dt.06-05-2026
                                                        3/3




                      Station as and when required for cooperating in the

                      investigation;

                                   (iii) the petitioners shall appear on each and every

                      date before the Trial Court and failure to do so for two

                      consecutive       dates     without      plausible   reason   will   entail

                      cancellation of his/her bail bond by the Trial Court itself;

                                   (iv) the petitioners shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (v) the petitioners shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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