Patna High Court
Hewanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed withdrawal of the anticipatory bail application of petitioner 2 and granted anticipatory bail to petitioners 1 and 3 subject to bail bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Hewanti Devi, Ramesh Ray and Rohan Ray, filed an anticipatory bail application in a case registered under several sections of the Bharatiya Nyaya Sanhita. During the pendency, petitioner No.2 (Ramesh Ray) was arrested and sought to withdraw his anticipatory bail application, which the court permitted, dismissing his bail as withdrawn. The court then considered the applications of petitioners No.1 and No.3, noting the alleged false implication and lack of specific motive, and granted them anticipatory bail on the condition of a Rs.10,000 bail bond with two sureties each, subject to Section 482(2) of the BNSS. The decision rests on the discretion of the court to prevent harassment and ensure liberty while safeguarding the trial process. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail can be granted to petitioners 1 and 3 under Section 482(2) of the BNSS despite the serious offences alleged.
- Whether petitioner 2 may withdraw his anticipatory bail application after being arrested.
- Whether the allegations against the petitioners constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 352, 482(2), 74
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4449 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- RIVILGANJ District- Saran
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1. Hewanti Devi Wife of Ramesh Ray Resident Of Village- Methawaliya, Ps-
Rivilganj/Revelganj, Dist- Saran at Chapra
2. Ramesh Ray son of Late Dashrath Ray Resident Of Village- Methawaliya,
Ps- Rivilganj/Revelganj, Dist- Saran at Chapra
3. Rohan Ray son of Ramesh Ray Resident Of Village- Methawaliya, Ps-
Rivilganj/Revelganj, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioner seeks permission
to withdraw the anticipatory bail application with respect to
petitioner no. 2 (Ramesh Ray), who was arrested during
pendency of the instant anticipatory bail application.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
dismissed as withdrawn with respect to petitioner no. 2 (Ramesh
Ray).
5. The petitioner nos. 1 and 3 apprehend their arrest in
Patna High Court CR. MISC. No.4449 of 2026(2) dt.24-04-2026
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a case registered for the offences punishable under Sections
126(2), 115(2), 118(1), 352, 109(1), 74, 303(2) and 3(5) of the
Bharatiya Nyaya Sanhita.
6. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and is a
woman and petitioner no. 3 has antecedent of one case and the
informant alleges that on 13.07.2025 at 05:00 p.m., when he
was going on his motorcycle, 7 named accused persons
including the petitioners intercepted him and assaulted by lathi,
rod and farsa causing injury on head and also assaulted his
Bhabhi.
7. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that no motive for the occurrence
is alleged. It is further submitted that even allegation of assault
is general and omnibus in nature and the injury suffered by the
injured has been opined to be simple in nature, as would
manifest from Annexure-P/2 to the anticipatory bail application.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
9. Considering the submissions made by the learned
counsel for the petitioners, the petitioner nos. 1 and 3 above-
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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 Rivilganj P.S. Case No.229 of 2025
subject to the conditions as laid down under Section 482 (2) of
the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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