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Patna High Court

Sako DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
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          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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