Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that the delay in lodging the FIR, the petitioners' clean record, and the presence of a counter‑case warranted the grant of bail despite the serious charges.
Summary
The petitioners, Sunita Devi and Kavita Dubey, were accused in FIR No. 668 of 2025 of offences under the Bharatiya Nyaya Sanhita, 2023, including theft and assault. They claimed innocence, stating the incident stemmed from an old land dispute between agnate parties and that a counter‑case (Case No. 669 of 2025) had also been filed. The FIR was lodged eight days after the alleged incident, and the petitioners, both women with no prior criminal record, sought bail. The State opposed bail, but the court noted the delay, the existence of a counter‑case, and the petitioners’ clean antecedents. Accordingly, the court ordered bail on a bond of Rs.30,000 each, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the delay of eight days in filing the FIR justifies granting bail to the accused.
- Whether the existence of a counter‑case and the agnate relationship between the parties affect the bail decision.
- Whether the nature of the offences under the Bharatiya Nyaya Sanhita, 2023, precludes bail despite the petitioners' lack of criminal antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 2(1)(d), 303(2), 3(5), 352, 482(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- delay in FIR
- land dispute
- female accused
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36035 of 2026
Arising Out of PS. Case No.-668 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
1. Sunita Devi W/o Ram Sagar Dube @ Ram Sagar Dubey Resident of Village
- Satuahi, P.S.- Sahebganj, District - Muzaffarpur
2. Kavita Dubey @ Namita Kumari @ Kavita Devi W/o Dinesh Dube @
Dinesh Dubey Resident of Village - Satuahi, P.S.- Sahebganj, District -
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Adv.
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners are apprehending arrest in
connection with Sahebganj P.S. Case No. 668 of 2025 (G.R. No.
3589 of 2025) lodged on 13.11.2025, for the offence punishable
under Sections 126(2), 115(2), 118(1), 109, 303(2), 352 & 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
4. As per the prosecution, FIR has been lodged against
six named accused persons including the present petitioners.
The specific allegation against the petitioner no.1 is that she has
Patna High Court CR. MISC. No.36035 of 2026(2) dt.01-06-2026
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snatched Rs.3,000/- from the pocket of the informant and
against the petitioner no.2, the specific allegation is that she has
snatched silver necklace from the neck of the informant’s wife.
5. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the informant and the petitioners are
agnates and due to old land dispute, scuffling took place
between the parties. Counsel submits that for the same date and
place of occurrence, there are case and counter case from both
the sides i.e. one case has been lodged from the petitioners’ side
bearing Sahebganj P.S. Case No. 669 of 2025 and the present
case has been lodged from the informant’s side bearing
Sahebganj P.S. Case No. 668 of 2025. He submits that the
alleged occurrence took place on 05.11.2025, but the FIR has
been lodged on 13.11.2025. Counsel also submits that the
petitioners are female aged about 50 years and 35 years
respectively and they are ready to fulfill all the conditions
whatsoever shall be imposed upon them. He further submits that
the petitioners have no criminal antecedent.
6. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that the FIR has been
lodged after a delay of about 8 days, both parties are agnates
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and for the same date and place of occurrence, there are case
and counter case from both the sides.
7. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on bail, in
the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
A.C.J.M. 2nd (West), Muzaffarpur, in connection with Sahebganj
P.S. Case No. 668 of 2025 (G.R. No. 3589 of 2025), subject to
the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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