Patna High Court
Puja Kumai @ Puja KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that the petitioners are to be released on bail if arrested, as the main allegation is against the co‑accused and the FIR delay undermines the case against them.
Summary
The petitioners, three family members of a co-accused, sought anticipatory bail after an FIR was lodged alleging assault on an informant's husband under several provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The FIR, filed four days after the incident, specifically implicated Satyendra Yadav with a knife assault, while the petitioners faced only vague allegations of verbal abuse and minor physical altercation. The petitioners argued that the charges against them were rooted in a family dispute and that the delay in filing the FIR indicated a lack of solid evidence. The State opposed the bail, relying on the FIR allegations. Considering the delay, the primary thrust of the accusation against the co-accused, and the petitioners' peripheral involvement, the Court granted anticipatory bail, directing them to furnish a bail bond of Rs.10,000 with two sureties if arrested, subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners who are only peripherally implicated in the FIR.
- Whether the four‑day delay in lodging the FIR and the nature of the allegations justify the grant of bail.
- Whether the provisions of Section 438(2) Cr.P.C. and Section 482(2) BNSS are applicable to the present case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 3(5), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- FIR delay
- family dispute
- assault
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3064 of 2026
Arising Out of PS. Case No.-487 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
1. Puja Kumai @ Puja Kumari W/o Satyendra Kumar R/o Village - Dhuru
Bigha, P.S - Jehanabad (Kalpa), District - Jehanabad
2. Dudheswar @ Dudheshwar Yadav S/o Late Munshi Bhagat R/o Village -
Dhuru Bigha, P.S - Jehanabad (Kalpa), District - Jehanabad
3. Fekan Yadav @ Sudarshan Yadav S/o Bhuneshwar Yadav R/o Village -
Khairuchak Mathiya, P.S - Shakurabad, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 352 and 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that the accused persons came to the house of the informant and
indulged in abusing and assaulting and causing injuries to the
husband of the informant.
4. Learned counsel for the petitioners submits that it
would be apparent from the First Information Report itself that
Patna High Court CR. MISC. No.3064 of 2026(2) dt.28-01-2026
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the specific allegation of assaulting the informant’s husband by
means of knife is on co-accused Satyendra Yadav and so far as
the other petitioners are concerned, there are general and
omnibus allegations of hurling abuses and indulging in some
physical altercation. It has further been submitted that there is a
delay of four days in lodging of the First Information Report
and the petitioner no.1 is the Gotini of the informant and all
these petitioners have been made an accused only on account of
dispute within the family and on account of their relationship
with the main accused, Satyendra Yadav.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the delay in the F.I.R., coupled
with the fact that the thrust of allegation is on co-accused
Satyendra Yadav, let the above named petitioners, who are the
family members of co-accused Satyendra Yadav, be released on
bail, in the event of their arrest or surrender before the learned
Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.3064 of 2026(2) dt.28-01-2026
3/3
of the learned Court below where the case is pending/successor
Court in connection with Jehanabad (Kalpa) P.S. Case No. 487
of 2025, subject to the condition as laid down under Section 438
(2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
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