Patna High Court
Sangita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail may be granted subject to conditions under Section 482(2) of the B.N.S., 2023.
Summary
The petitioners, Sangita Devi and Sanjit Kumar, applied for anticipatory bail fearing arrest in a case (Khudaganj P.S. Case No.28 of 2026) involving multiple serious offences under the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners participated in a violent attack on an informant and his family, including assault with an iron rod and an attempted murder using a gamchha. The petitioners contended they were falsely implicated, citing a prior neighbour dispute and asserting innocence, with one having a clean record and the other a minor prior case. The State opposed the bail, arguing the seriousness of the charges. The court, after considering the facts, counsel submissions, and the nature of the allegations, ordered that the petitioners be released on anticipatory bail upon surrendering within six weeks, subject to a bail bond of Rs.10,000 and two sureties each, under Section 482(2) of the B.N.S., 2023. The order imposed standard bail conditions and left the matter to the concerned trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations of assault and attempted murder justify denial of anticipatory bail.
- Whether the petitioners are likely to flee, tamper with evidence, or influence witnesses if released on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 303(2), 326(F), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal offences
- assault
- attempted murder
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31116 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- KHUDAGANJ District- Nalanda
======================================================
1. Sangita Devi W/o Rambali Yadav, R/v - Islampur,p.s.- Khudaganj, District -
Nalanda
2. Sanjit Kumar S/o- Karu Yadav, R/o Village - Islampur, P.s. - Khudaganj,
District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shalu Sinha, Advocate.
For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Khudaganj P.S. Case No.28 of 2026 instituted under
Sections 191(2), 190, 126(2), 115(2), 117(2), 109, 326(F),
303(2) & 352 of the B.N.S., 2023.
3. As per the prosecution case, when the informant
alongwith his family members were working at his dalan, in the
meantime, all the named accused persons attacked with various
weapons causing injury to them. It is alleged that petitioner no.1
had assaulted one Reena Devi on her head by means of iron rod
and petitioner no.2 alongwith co-accused Ravish Kumar tried to
Patna High Court CR. MISC. No.31116 of 2026(2) dt.07-05-2026
2/3
kill the informant by means of Gamchha.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that petitioners and informant are co-
villager and next door neighbour and there is dispute between
them with respect to Nali. Learned counsel submits that due to
petty dispute, a free fight takes place between the parties, due to
which there is case and counter case between them. He further
submits that specific allegation is against co-accused Ravish
Kumar that he had assaulted one Gajendra Yadav who sustained
grievous injury. Learned counsel submits that petitioner no.1 has
got clean antecedent and petitioner no.2 is a young boy of 18
years, having one criminal antecedent, which was lodged by the
informant side, in which he is on bail. Petitioners undertake to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioners, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
Patna High Court CR. MISC. No.31116 of 2026(2) dt.07-05-2026
3/3
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
learned A.C.J.M.-I, Hilsa, Nalanda/ concerned Court in
connection with Khudaganj P.S. Case No.28 of 2026, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.