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Patna High Court

Saroj DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to a Rs 30,000 bond and verification of criminal antecedents.

Summary

The petitioners, Saroj Devi, Anisha Kumari and Kalu Yadav, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging assault and theft under multiple sections of the Bhartiya Nyay Sanhita, 2023. They contended that the FIR was filed out of personal vendetta related to a land dispute between brothers and that they were implicated merely due to their relationship with the primary accused, Raju Yadav. The State opposed the bail, arguing that the specific assault allegation pertained to Raju Yadav, who is not a petitioner. The Court examined the allegations and the petitioners' claim of innocence and clean antecedent. It granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs 30,000 each to the Chief Judicial Magistrate, East Chambram, with a condition that the trial court verify their criminal antecedents and cancel bail if any concealment is discovered.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482 of the BNSS, 2023 in view of the FIR allegations.
  • Whether the petitioners' familial relationship with the primary accused justifies granting bail.
  • Whether the trial court should be directed to verify the petitioners' criminal antecedents as a condition of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS 2023
  • BNYS 2023
  • criminal miscellaneous
  • family members
  • personal vendetta
  • bail conditions
  • verification of antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4910 of 2026
                      Arising Out of PS. Case No.-197 Year-2025 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
           1.     Saroj Devi W/o Raju Yadav R/o Village - Mangurahan, Tola Balaha, P.S -
                  Govindganj, District - East Champaran
           2.    Anisha Kumari D/o Raju Yadav R/o Village - Mangurahan, Tola Balaha, P.S
                 - Govindganj, District - East Champaran
           3.    Kalu Yadav @ Chandrajeet Kumar S/o Raju Yadav That from Impugned
                 Order Chanarjit Yadav is mentioned, This is error of records) R/o Village -
                 Mangurahan, Tola Balaha, P.S - Govindganj, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Rathore @ Kundan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, 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 Govindganj P.S. Case No. 197 of 2025,

                   lodged on 26.07.2025, under Sections 126(2)/115(2)/118(1) /

                   109 /303(2)/352/3(5) of the Bhartiya Nyay Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   four named accused persons including the present petitioners.
Patna High Court CR. MISC. No.4910 of 2026(2) dt.04-02-2026
                                            2/3




          Allegation against the accused persons are that they have

          entered into the house of the informant assaulted and snatched

          money kept in the house.

                       4. Learned Counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel submits that from the FIR itself it becomes crystal clear

          that Pramod Yadav and Raju Yadav are full brothers. They are

          sons of Mukhdeo Yadav and due to petty land dispute

          occurrence took place between them.                 Counsel submits that

          from the content of the FIR, it becomes crystal clear that

          specific allegation against Raju Yadav, other persons were made

          accused only due to the reason that they are wife, daughter and

          son of Raju Yadav.            Counsel submits that it is due to the

          personal vengeance the present case has been filed. Counsel

          submits that antecedent of the petitioner is clean. They are 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 and submits that specific allegation of

          assault is against Raju Yadav, who is not the petitioner.

                       6. In the present facts and circumstances of this case,

          let the above named petitioners be released on anticipatory bail,
          Patna High Court CR. MISC. No.4910 of 2026(2) dt.04-02-2026
                                                      3/3




                    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 Chief Judicial Magistrate, East Champaran,

                    Motihari, in connection with Govindganj P.S. Case No. 197 of

                    2025, subject to the conditions as laid down U/s 482(2) of the

                    BNSS, 2023.

                                 7. And further condition that the Trial Court shall

                    verify the criminal antecedent of the petitioners and in case at

                    any stage it is found that the petitioners have concealed their

                    criminal antecedent, the Trial Court shall take step for

                    cancellation of bail bond of the petitioners.                 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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