Patna High Court
Sako DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
The Court refused anticipatory bail to petitioner No.2 but granted anticipatory bail to petitioner No.1 subject to a bail bond and conditions.
Summary
Petitioners Sako Devi and Gorelal Chauhan applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case registered under several sections of the Bhartiya Nyay Sanhita, 2023. The FIR alleges that petitioner No.2 assaulted the informant's son with an iron rod causing grievous injury, while petitioner No.1 is accused of attempting to kill the informant's daughter. The petitioners claimed innocence, arguing the allegations were vague and that they have clean antecedents. The State opposed bail, emphasizing the specific and serious nature of the assault allegation against petitioner No.2. The Court refused anticipatory bail to petitioner No.2 but granted it to petitioner No.1, subject to a Rs.30,000 bail bond, verification of criminal antecedent, and compliance with conditions under Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail can be granted to petitioner No.2 despite a specific allegation of grievous assault.
- Whether anticipatory bail can be granted to petitioner No.1 despite general allegations of attempted murder.
- Whether the provisions of Section 482 of the BNSS, 2023 and Section 2(1)(d) permit the grant of anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 2(1)(d), 482
- Bhartiya Nyay Sanhita — s. 109, 115(2), 117(2), 126(2), 3(5)
Subjects
- anticipatory bail
- Section 482
- grievous assault
- criminal antecedent
- bail bond
- BNSS 2023
- Bhartiya Nyay Sanhita
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4908 of 2026
Arising Out of PS. Case No.-445 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
======================================================
1. Sako Devi S/o- Sandesh Chauhan Resident Of Village- Purnadih Ps-
Muffasil District- Nawada
2. Gorelal Chauhan @ Gore Chauhan S/o- Radhey Chauhan Resident Of
Village- Purnadih Ps- Muffasil District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioners who apprehend arrest
in connection with Muffasil P.S. Case No. 445 of 2025, lodged
on 17.10.2025, under Sections 126(2)/115(2)/109/117(2)/3(5)
of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, the FIR has been lodged
against six named accused persons including the present
petitioners. The allegation of assaulting by iron rod is upon
Patna High Court CR. MISC. No.4908 of 2026(2) dt.04-02-2026
2/3
petitioner No.2 whereas against petitioner No.1 also there is an
allegation to kill the daughter of the informant.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel submits that the allegations made in the FIR are general
and omnibus. Counsel submits that petitioner No.1 is female
and antecedent of the petitioners are clean. They are resident of
same village and ready to fulfill all the conditions whatsoever
shall be imposed upon them.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but submits that the allegation against
petitioner No.2 that he has assaulted the son of the informant by
iron rod and the rejection order indicates that the said injury
which has been made upon the son, namely, Rajendra Kumar, is
grievous in nature but he fairly submits that in the rejection
order the description of case and counter case is there.
6. In the present facts and circumstances that there is
specific allegation of assault on the head of the son of the
informant by iron rod against petitioner No.2, which is grievous
in nature, this Court is not inclined to grant anticipatory bail to
petitioner No.2 Gorelal Chauhan @ Gore Chauhan. Hence, his
prayer for anticipatory bail is hereby refused.
Patna High Court CR. MISC. No.4908 of 2026(2) dt.04-02-2026
3/3
7. In the present facts and circumstances of this case,
let petitioner No.1 Sako Devi be released on anticipatory bail, in
the event of arrest or surrender before the learned Court below
within a period of 4 weeks from today, on furnishing bail bond
of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the BNSS, 2023 to the satisfaction of
A.C.J.M. 1st, Nawada, in connection with Muffasil P.S. Case No.
445 of 2025, subject to the conditions as laid down U/s 482(2)
of the BNSS, 2023.
8. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner No.1 and in case
at any stage it is found that the petitioner has concealed her
criminal antecedent, the Trial Court 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.
(Dr. Anshuman, J)
Mkr./-
U T
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