Patna High Court

Rupa DeviversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court held that, because the FIR does not specifically charge the petitioners and they have a clean antecedent, anticipatory bail may be granted under Section 482(2) of the BNSS.

Summary

The petitioners, two women and a man from Keshopur, applied for anticipatory bail after a FIR was lodged alleging they, along with eight others, assaulted a field owner over a grazing goat, causing a fractured nasal bone. The FIR listed offences under Sections 127(1), 115(2), 109, 352, 351(2) and 3(5) of the BNS, 2023. The petitioners argued they have clean antecedents and that the allegations against them are vague, general and not specifically directed at them. The State opposed the bail, contending the seriousness of the alleged assault. The court examined the FIR, noted the lack of specific incrimination of the petitioners and their clean record, and exercised its power under Section 482(2) of the BNSS to grant anticipatory bail subject to bond and surety conditions.

Issues considered

Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the BNSS given the vague and omnibus nature of the allegations in the FIR.
Whether the FIR specifically implicates the petitioners in the alleged assault, justifying denial of bail.

Subjects

anticipatory bail
Section 482
Bihar Criminal Procedure
FIR
vague allegations
clean antecedent
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4736 of 2026

                    Arising Out of PS. Case No.-179 Year-2025 Thana- SHAHKUND District- Bhagalpur
                 ======================================================
           1.    Rupa Devi Son of Dilip singh Resident of Village - Keshopur, P.S. -
                 Shahkund, District - Bhagalpur.
           2.    Sulochna Devi @ Kaila Devi Wife of Shambhu Singh Resident of Village -
                 Keshopur, P.S. - Shahkund, District - Bhagalpur.
           3.    Suresh Singh Son of Paddu Singh @ Late Pachu Singh Resident of Village -
                 Keshopur, P.S. - Shahkund, District - Bhagalpur.


                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Md. Najmul Hodda, Advocate
                 For the Opposite Party/s :      Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                  ORAL ORDER


2   27-02-2026                   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 127(1),

                   115(2), 109, 352, 351(2) and 3(5) of the BNS, 2023.

                                 3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioner nos.
Patna High Court CR. MISC. No.4736 of 2026(2) dt.27-02-2026
                                            2/3




          1 and 2 are women and from perusal of the allegation as alleged

          in the FIR, it would manifest that on account of grazing of field

          by the goat of the side of the petitioners, the occurrence is

          alleged to have taken place and it is alleged that nine accused

          persons came including the petitioners when informant objected

          the grazing of his field by their goat and assaulted.

                       4. Learned counsel for the petitioners submits that

          allegation of assault is not specific against the petitioners and

          general and omnibus in nature. It is next submitted that no doubt

          the injury suffered by the informant has been opined to be

          grievous, but then had nine persons assaulted him in the manner

          as alleged in the FIR, in that event the informant would have

          suffered several injuries, but the injury report records fracture of

          nasal bone.

                       5. Learned       A.P.P.     for    the   State   opposes   the

          anticipatory bail application of the petitioners.

                       6. After hearing the learned counsel for the parties,

          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
            Patna High Court CR. MISC. No.4736 of 2026(2) dt.27-02-2026
                                                        3/3




                      the case is pending/successor court in connection with

                      Shahkund P.S. Case No. 179 of 2025 subject to the conditions as

                      laid down under Section 482 (2) of the BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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