Patna High Court
Sonam Devi @ Sonam KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to stipulated conditions.
Summary
The petitioner, Sonam Devi, was named in FIR No. 156 of 2025 for alleged assault on the informant's husband, with charges under multiple sections of the Bihar Narcotic Substances Act, 2023. She contended that she has a clean antecedent and was falsely implicated, asserting that the FIR specifically attributes the assault to her husband, not her. The State opposed her anticipatory bail application. The Court examined the lack of any specific allegation against the petitioner in the FIR and her clean record. Considering these factors, the Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023. The bail order also imposed obligations to cooperate with the trial and prohibitions against tampering with evidence or witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure and Section 482 of the Bihar Narcotic Substances Act, 2023 given the allegations in the FIR.
- Whether the petitioner’s clean antecedent and lack of specific allegation against her warrant bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2), 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- false implication
- clean antecedent
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4089 of 2026
Arising Out of PS. Case No.-156 Year-2025 Thana- NAYAGAON District- Saran
======================================================
Sonam Devi @ Sonam Kumari W/O Pramod Kumar Chaurasia R/O ward no.
03, village Hasanpur, P.O. Nayagaon, Hasanpur, Police Station Nayagaon and
District- Saran, Pin Code 841217, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Chandra, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Avinash Chandra, learned counsel for the
petitioner and Mr. Anil Kumar, learned APP for the State.
2. The petitioner is apprehending her arrest in
connection with Nayagaon P.S. Case No. 156 of 2025, F.I.R. dated
23.08.2025 registered for the offences punishable under Sections
126(2), 115(2), 118(1), 109, 303(2), 351(2), 351(3), 352, 74 and
3(5) of the B.N.S., 2023.
3. Allegation against the petitioner is that she along
with other co-accused persons have assaulted the husband of the
informant on his head with Dabi due to which he received cut
injuries.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and she has been falsely implicated
in the present case. It appears from the F.I.R. that due to some
Patna High Court CR. MISC. No.4089 of 2026(2) dt.06-02-2026
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petty dispute the present occurrence had taken place. Both the
parties are agnates to each other and there is no specific allegation
of any assault or overt act attributed against the petitioner and
there is specific allegation of assault attributed against co-accused
person, namely, Pramod Kumar who happens to be the husband of
the petitioner.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there is
no specific allegation of any assault or overt act attributed against
her in the F.I.R., let the petitioner, above named, in the event of her
arrest or surrender before the court below within a period of thirty
days from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
Judicial Magistrate 1st Class, Saran at Chhapra in connection with
Nayagaon P.S. Case No. 156 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure/ Section 482(2) of BNSS, 2023 and with other
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
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and shall remain physically present as directed by the Court and on
her absence on two consecutive dates without sufficient reason,
her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed her criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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