Patna High Court
Arun Patel @ Arun Kumar PatelversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
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 Arun Patel withdrew his application after being arrested, and the court dismissed his request as withdrawn.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
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 109(1), 115(2), 126(2), 303(2), 352
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
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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
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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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