Patna High Court
Sanju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail may be granted to the petitioner despite the general allegations, considering her gender and clean antecedent.
Summary
Sanju Devi, a woman, was implicated in Panapur Police Station Case No.68 of 2026 for offences including assault under sections 191(2), 190, 126(2), 115(2), 109, 352 and 351(2) of the B.N.S., 2023. She applied for anticipatory bail, arguing that the allegations were general and omnibus and that she has a clean antecedent. The State and the informant opposed the bail on the ground of the seriousness of the charges. The Court, noting her gender and lack of prior record, held that anticipatory bail could be granted despite the general allegations. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the B.N.S., with a clarification that the order does not prejudice the trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite general and omnibus allegations under the relevant criminal statutes
- Whether the petitioner’s gender and clean antecedent justify the grant of anticipatory bail
Legislation cited
- B.N.S., 2023 — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- section 438 CrPC
- section 482 B.N.S.
- gender
- clean antecedent
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38150 of 2026
Arising Out of PS. Case No.-68 Year-2026 Thana- PANAPUR District- Saran
======================================================
Sanju Devi W/o Parmendra Kumar Kushwaha R/o Jarakh Pakari, P.S.-
Panapur, Distt.- saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Mohit Raj, Advocate
For the State : Mr. Shahabuddin Azeem @ S. Azeem, APP
For the Informant : Mr. Harsh Anuj, Advocate
Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in
connection with Panapur P.S. Case No.68 of 2026 registered for
the offence under sections 191(2), 190, 126(2), 115(2), 109, 352
and 351(2) of the B.N.S., 2023.
3. The petitioner and others are said to have
assaulted the victim, who sustained injuries.
4. It has been submitted by learned counsel for
the petitioner that the petitioner is a woman and there is general
and omnibus allegation against her. It has also been submitted
that the petitioner has clean antecedent.
5. Learned APP for the State and learned
counsel for the informant have opposed the prayer of the
Patna High Court CR. MISC. No.38150 of 2026(2) dt.17-06-2026
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petitioner for grant of anticipatory bail.
6. Considering the fact that there is general and
omnibus allegation against the petitioner and also the fact that
the petitioner is a woman, this application is allowed.
7. Let the petitioner, above named, in the event
of her arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Saran at Chapra / concerned Court below, in
connection with Panapur P.S. Case No.68 of 2026, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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