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Patna High Court

Kanti DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted as the allegations against the petitioners were common with those against the other accused and could not be segregated.

Summary

The petitioners, three women from Kadi Bigha, sought anticipatory bail fearing arrest in a case (PS‑613/2025) involving alleged assault with bricks and stones that caused grievous injuries to two victims. The FIR charged them, along with other accused, under several sections of the B.N.S., including offences of assault and causing grievous hurt. The State argued that the injuries were serious and the allegations were common to all accused, making segregation of the petitioners impossible. The petitioners contended that the omnibus nature of the charge and their lack of criminal antecedent should merit anticipatory bail. The Court held that because the allegations were identical against all accused, the petitioners could not be granted anticipatory bail, despite being women and having no prior record. Consequently, the anticipatory bail application was rejected, with the Court directing that the petitioners may surrender within four weeks and file a regular bail application for consideration.

Issues considered

  • Whether anticipatory bail can be granted when the FIR alleges a common offence against all accused, including the petitioners.
  • Whether the petitioners' gender and clean criminal record warrant a separate consideration for anticipatory bail.

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351, 351(2)

Subjects

  • anticipatory bail
  • criminal procedure
  • common allegation
  • grievous injury
  • gender considerations
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.6512 of 2026
                        Arising Out of PS. Case No.-613 Year-2025 Thana- RAHUI District- Nalanda
                 ======================================================
           1.     Kanti Devi W/o Sunil Paswan R/o vill - Kadi Bigha, P.S.- Rahui (Bhagan
                  Bigha), Distt.- Nalanda
           2.    Hira Devi W/o Santosh Paswan R/o vill - Kadi Bigha, P.S.- Rahui (Bhagan
                 Bigha), Distt.- Nalanda
           3.     Sailun Devi W/o Dharmendra Paswan R/o vill - Kadi Bigha, P.S.- Rahui
                  (Bhagan Bigha), Distt.- Nalanda
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Dimpal Kumari, Advocate
                                          :        Mr. Raj Kishor Prasad, Advocate
                 For the State            :        Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   01-04-2026                     Heard Ms. Dimpal Kumari, learned counsel for the

                   petitioner and Mr. Bharat Bhushan, learned APP representing

                   the State.

                                  2. The petitioner is apprehending his arrest in

                   connection with Rahui (Bhagan Bigha) P.S. Case No. 613 of

                   2025 registered for the offence punishable under Sections

                   126(2), 115(2), 303(2), 117(2), 351, 351(2), 109(1) and 3(5) of

                   the B.N.S., lodged on 21.10.2025 by the informant Nitish

                   Kumar.

                                  3. As per the prosecution story, the informant alleged

                   that all the named accused persons including the petitioners

                   herein due to the dispute started throwing bricks and stones

                   from the rooftop causing injury to Maro Devi, Nitish Kumar and

                   other family members. They were shifted to Biharsharif Sadar
            Patna High Court CR. MISC. No.6512 of 2026(5) dt.01-04-2026
                                                        2/2




                      Hospital and then to Pawapuri Hospital. Accordingly, the F.I.R..

                                   4. Learned counsel for the petitioner submits that

                      omnibus allegation against all the accused including these

                      petitioners who are ladies.

                                   5. Learned APP on the other hand taken this Court to

                      the injury report to show that injuries of both Nitish Kumar and

                      Maro Devi have been found to be grievous in nature and these

                      petitioners cannot be segregated from the other accused persons

                      as allegation of assault is against all the accused persons.

                                   6. Though the petitioners are ladies, having no

                      criminal antecedent, in view of the fact allegation is common

                      against all of them as recorded above, they cannot be segregated

                      from the other accused persons, in that background, this Court is

                      not inclined to extend them the privilege of anticipatory bail.

                                   7. The anticipatory bail application stands rejected.

                                   8. However, if the petitioner surrender within a period

                      of four weeks, file bail application, the court concerned shall

                      consider the matter and dispose it of preferably on the same day.



                                                     (Rajiv Roy, J)
vinayak/-

U


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