Patna High Court
Fudari Devi @ Fudo deviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to bail bond and surety conditions under Sections 438(2) Cr.P.C. and 482(2) B.N.S.S.
Summary
The petitioners, Fudari Devi, Sanoj Kumar and Manoj Yadav, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable (B.N.S.) Act, including offences such as assault and weapon use. They contended that the informant’s allegations were vague and that no specific charge of assault was made against them, asserting that they were falsely implicated. The State opposed the bail, arguing the seriousness of the alleged offences. The Court examined the FIR and the counsel’s submissions, noting the lack of direct allegations against the petitioners. Accordingly, the Court ordered that, if arrested or surrendered within six weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR containing multiple serious charges.
- Whether the petitioners are specifically implicated in the alleged offences.
Legislation cited
- Bihar Negotiable (B.N.S.) — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 326(f), 351(2), 351(3), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false implication
- Criminal Procedure Code
- Bihar Negotiable Act
- bail conditions
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39936 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- GORADIH District- Bhagalpur
======================================================
1. Fudari Devi @ Fudo Devi W/o Ramprasad Yadav R/o Vill. -
Ramchandrapur, P.S. - Goradih, Dist. - Bhagalpur.
2. Sanoj Kumar @ Sanoj Prasad Yadav @ Sanoj Yadav S/o Ramprasad Yadav
R/o Vill. - Ramchandrapur, P.S. - Goradih, Dist. - Bhagalpur.
3. Manoj Yadav S/o Ramprasad Yadav R/o Vill. - Ramchandrapur, P.S. -
Goradih, Dist. - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 1. Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2), 190,
126(2), 115(2), 117(2), 109, 326(f), 352 and 351(2)&(3) of the
BNS.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case and petitioner no. 1 is a
woman and the informant alleges that her 16 named agnates
including the petitioners came to her hosue and started fighting.
Further, Govind put pistol on the head of the husband of the
informant while Ranjan assaulted her husband by an iron rod
causing injury on head and thereafter Paras assaulted the informant
Patna High Court CR. MISC. No.39936 of 2026(2) dt.30-06-2026
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by lathi causing injury on waist and also assaulted her husband and
brother-in-law.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that as far as
petitioners are concerned, no specific allegation of assault is
alleged against them.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the petitioners,
above-named, in the event of their arrest or surrender within a
period of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/Successor Court in
connection with Goradih P.S. Case No. 28 of 2026, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C./482(2)
of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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