Patna High Court
Kajal KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail should be granted to the petitioners as no role was assigned to them in the FIR and they have no criminal antecedent.
Summary
The petitioners, Kajal Kumari and Amarjeet Rai, sought anticipatory bail fearing arrest in a criminal case (Garkha PS Case No. 423 of 2025) where they were named in the FIR for offences under several sections of the B.N.S. The prosecution alleged that the accused, along with unknown persons, assaulted a shop owner and caused damage. The petitioners argued that the FIR assigned no specific role to them and they have no prior criminal record. The State opposed, pointing out that their names appear in the FIR. The Court, noting the lack of any assigned role to the petitioners, their clean antecedent, and the assignment of assault to other individuals, granted them anticipatory bail subject to standard conditions, including furnishing a bail bond and compliance with investigation requirements. The order directs that the bail be effective if they are arrested or surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to persons named in an FIR but with no specific role assigned to them under the provisions of Section 438 of the CrPC.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 324(4), 324(5), 329(4), 3(5)
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- FIR
- criminal antecedent
- bail conditions
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31331 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- GARKHA District- Saran
======================================================
1. Kajal Kumari D/o Daroga Rai R/o Village - Dariyavganj, P.S - Garkha,
District - Saran
2. Amarjeet Rai S/o Vikrama Rai R/o Village - Sadhpur, P.S - Garkha, District -
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the State : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-05-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Garkha P.S. Case No. 423 of 2025 registered
for the offence under Sections 126(2), 329(4), 109, 115(2),
324(4), 324(5), 303(2) and 3(5) of the B.N.S., lodged on
06.06.2025 by the informant, Chandradeep Rai.
3. As per the prosecution story, the informant alleged
that the named accused alongwith some unknown came to his
shop, armed variously and the order of Babunti Devi, Dargoga
Rai gave gandasa blow on the head while Vikash Kumar gave
iron rod blow on the shoulder. Arti Devi gave lathi blow to
Abhishek Kumar and they ensured that the shop is damaged.
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This led to the F.I.R.
4. Learned counsel for the petitioner submits that a
perusal of the F.I.R. would show that save and except that they
have been named in it, no role has been assigned to him. Both
the petitioners have no criminal antecedent, one of them is lady.
5. Learned APP opposes the prayer submitting that
their name stands in the F.I.R..
6. Considering the submissions of the parties as also
that the role has been assigned to Daroga Rai, Vikash Kumar
and Arti Devi of assault, no role has been assigned to this
petitioner, they do not have 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 Judicial Magistrate, Saran at Chapra, in
connection with Garkha P.S. Case No. 423 of 2025 subject to
the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
Patna High Court CR. MISC. No.31331 of 2026(2) dt.07-05-2026
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document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
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/-
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