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Patna High Court

Hewanti DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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arrested and sought to withdraw his anticipatory bail application, which the court permitted, dismissing his bail as withdrawn.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

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
                 ======================================================
           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-
              Patna High Court CR. MISC. No.4449 of 2026(2) dt.24-04-2026
                                                          3/3




                        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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