Patna High Court
Shanichari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to conditions, as no specific allegation of assault was made against them.
Summary
The petitioners, Shanichari Devi, Amit Bahardar and Saroj Bahardar, sought anticipatory bail in a case (R.S. P.S. No. 26 of 2026) where they were alleged to have participated in an assault on the informant's father and brother over a land dispute, resulting in the father's death. The prosecution alleged that co‑accused Rakesh Kumar Bahardar and Santosh Kumar Bahardar inflicted the fatal injuries, while a general allegation of assault with sticks was made against all accused, including the petitioners. The petitioners argued that no specific allegation of assault was made against them and that they have clean antecedents. The State opposed bail, citing the seriousness of the offences and the grant of regular bail to another co‑accused, Phulo Devi. The Court examined the specific versus general allegations and, noting the lack of direct charge against the petitioners, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, verification of antecedents, and compliance with Sections 438(2) CrPC and 482(2) B.N.S.S, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged.
- Whether a general and omnibus allegation of assault suffices to deny anticipatory bail to the petitioners.
- Whether the grant of regular bail to another co‑accused influences the petitioners' entitlement to anticipatory bail.
Legislation cited
- Bihar Negotiable Sale (B.N.S.S), 2023 — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- assault
- death of victim
- general allegation
- specific allegation
- Section 438 CrPC
- Section 482 B.N.S.S
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39379 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- R S P.S. District- Araria
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1. Shanichari Devi Wife of Amit bahardar Resident of Vllalge- Matiyari, Ward
no. -01, P.S. - R.S., District- Araria.
2. Amit Bahardar Son of Randhir Bahardar Resident of Vllalge- Matiyari,
Ward no. -01, P.S. - R.S., District- Araria.
3. Saroj Bahardar Son of Randhir Bahardar Resident of Vllalge- Matiyari,
Ward no. -01, P.S. - R.S., District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioners as well
as the learned APP for the State.
2. The petitioners apprehends their arrest in
connection with R.S. P.S. Case no. 26 of 2026, registered under
Sections 190, 191 (2), 126 (2), 115 (2), 118 (1), 109, 351 (2),
333 BNS and later on added section 103 (1) BNS.
3. As per the prosecution story, which has been
lodged on the basis of the written report submitted by the
informant to the effect that all the accused persons, including the
petitioners came to the house of the informant and started
assaulting her father and her brother by using filthy language,
due to land dispute. Co-accused Rakesh Kumar Bahardar by
using filthy language told other co-accused to kill the father of
the informant, upon which co-accused Santosh Kumar Bahardar
Patna High Court CR. MISC. No.39379 of 2026(2) dt.17-06-2026
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assaulted the father of the informant with an iron rod on his
head, due to which he became unconscious and fell down. Upon
which co-accused Rakesh Kumar Bahardar assaulted the brother
of the informant with a Dabiya on his head and mouth, due to
which he also fell down having become unconscious.
Thereafter, all the accused persons assaulted the father and
brother of the informant with stick.
4. The learned counsel appearing on behalf of the
petitioners submits that the petitioners are innocent and have not
committed any offence. He further submits that there is no
specific allegation of assault against the petitioners, rather
general and omnibus allegation of assault has been made against
all the accused persons, including the petitioners. Further the
specific allegation of assault with an iron rod, on the head of the
father of the informant has been levelled against co-accused
Santosh Kumar Bahardar and specific allegation of assault with
a Dabiya on the brother of the informant has been levelled
against co-accused Rakesh Kumar Bahardar. He further submits
that initially the first informant report was lodged under
different sections of the BNS, however, later on the father of the
informant died during course of treatment and therefore, section
103 (1) of the BNS was added. He submits that so far the
Patna High Court CR. MISC. No.39379 of 2026(2) dt.17-06-2026
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petitioners are concerned, no specific allegation of assault has
been made against them. He further submits that the petitioners
have got a clean antecedent.
5. Per contra, the leaned APP for the State opposes the
prayer for bail on behalf of the petitioners and submits that the
petitioners and other co-accused assaulted the father of the
informant and brother of the informant, due to which they
sustained injuries on their head and later on the father of the
informant died during course of treatment. He further submits
that co-accused Phulo Devi has been granted regular bail by a
Co-ordinate Bench of this Court vide order dated 12.05.2026
passed in Criminal Miscellaneous No. 32456 of 2026 and
therefore the petitioners does not deserve the privilege of
anticipatory bail.
6. Having considered the rival submissions and after
going through the materials available on record, it appears that
the father of the informant and brother of the informant were
assaulted on their head with an iron rod and Dabiya. The
specific allegation of assault is against the co-accused Santosh
Kumar Bahardar and Rakesh Kumar Bahardar. General and
omnibus allegation of assault with stick is against all the co-
accused. Considering the above, let the above named
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petitioners, in the event of their arrest or surrender before the
learned Court below within a period of six weeks, be released
on anticipatory bail in connection with R.S. P.S. Case no. 26 of
2026, on each of them furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate/Concerned Court, Araria, subject to the condition
laid down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S, 2023, and subject to
the following conditions:-
(I) That the learned court concerned shall verify the
criminal antecedent of the petitioners and in case at any stage, it
is found that the petitioners have concealed his criminal
antecedent, the court concerned shall take step for cancellation
of bail bond of the petitioners. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
krishnakant/-
U T
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