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Patna High Court

Arun Patel @ Arun Kumar PatelversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to Kiran Devi subject to conditions under Section 482(2).

Summary

The petitioners, Arun Patel and his wife Kiran Devi, filed an anticipatory bail application in a case registered under Sections 115(2), 126(2), 109(1), 303(2), 352 and 3(5) of the B.N.S. for alleged assault and theft. Arun Patel withdrew his application after being arrested, and the court dismissed his request as withdrawn. Kiran Devi argued that she was falsely implicated solely because she is the wife of the co‑accused and has a clean record. The State opposed the bail, citing the seriousness of the offences. Considering the lack of direct evidence against her, the case’s general nature, and her clean antecedents, the court granted her anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The application was thereafter disposed of.

Issues considered

  • Whether anticipatory bail should be granted to Kiran Devi despite the allegations under multiple penal provisions.
  • Whether the petitioner’s alleged involvement warrants arrest or can be mitigated by her clean antecedents and lack of direct accusation.
  • Whether the court can exercise its inherent powers under Section 482(2) to release the petitioner on bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • theft
  • Section 482 CrPC
  • clean antecedents
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6101 of 2026
                  Arising Out of PS. Case No.-161 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
           1.     Arun Patel @ Arun Kumar Patel Son of Kamal Patel Resident of Village-
                  Sekhauna Math, P.S.- Bettiah, District- West Champaran
           2.    Kiran Devi Wife of Arun Patel @ Arun Kumar Patel Resident of Village-
                 Sekhauna Math, P.S.- Bettiah, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Ashok Kumar Gupta, Advocate
                 For the State           :        Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. At the outset, learned counsel appearing on behalf

                   of the petitioners seeks permission to withdraw this anticipatory

                   bail application on behalf of Petitioner No. 1, namely Arun

                   Patel, as during pendency of this case, Petitioner No. 1 has

                   already been arrested and the same has become infructuous.

                                3. Permission, as prayed for, is accorded.

                                4. Accordingly, this anticipatory bail application with

                   regard to Petitioner No. 1 stands dismissed as withdrawn.

                                5. Petitioner No. 2 apprehends her arrest in a case

                   registered for the offence punishable under Sections 115(2),
Patna High Court CR. MISC. No.6101 of 2026(2) dt.04-02-2026
                                            2/3




          126(2), 109(1), 303(2), 352 and 3(5) of the B.N.S..

                        6. As per prosecution case, on alleged date and time of

          occurrence, all the F.I.R. named accused persons, including this

          petitioner, abused and assaulted informant and her husband. It is

          further alleged that the accused persons also snatched gold

          Mangalsutra from neck of informant.

                        7. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. From bare perusal of the F.I.R. it is

          apparent that specific accusation of assault is against co-accused

          Arun Patel. Petitioner has falsely been implicated in this case

          merely because she happens to be wife of co-accused Arun

          Patel. There is case and counter-case between the parties. Rest

          of the allegations are ornamental in order to make the case

          grave. Petitioner is a lady and claims clean antecedents.

                        8. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        9. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and

          counter-case between the parties and clean antecedents of the

          petitioner, the prayer for grant of anticipatory bail to Petitioner
             Patna High Court CR. MISC. No.6101 of 2026(2) dt.04-02-2026
                                                         3/3




                       No. 2 is allowed.

                                    10. Accordingly, in the event of arrest/surrender

                       within a period of eight weeks from today, let the above named

                       Petitioner No. 2 be enlarged on bail on furnishing bail-bond of

                       Rs. 10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Chief Judicial Magistrate,

                       West Champaran at Bettiah in connection with Bettiah Mufassil

                       P.S. Case No. 161 of 2025, subject to condition as laid down

                       under Section 482(2) of the B.N.S.S..

                                    11.    With the aforesaid directions, this application

                       stands disposed of.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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