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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
             Patna High Court CR. MISC. No.36035 of 2026(2) dt.01-06-2026
                                                         3/3




                       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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