Patna High Court
Anchal Kumari @ Anchal DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to all three petitioners subject to surrender and bail conditions.
Summary
The petitioners, three women related to accused Priyanshu Kumar, were alleged in FIR No.304/2025 to have thrown stones at police during a raid, causing injuries. They contended that the allegations were false, general, and omnibus, and that they have no prior criminal record. They applied for anticipatory bail under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The State opposed the bail, but the Court noted the lack of antecedents and the gender of the petitioners. Consequently, the Court ordered that, upon surrender within four weeks and furnishing a bail bond of Rs.10,000 with two sureties, the petitioners be released on anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the listed sections of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(2), 121(2), 126(2), 132, 190, 191(2), 191(3), 324(4), 351(2), 352
Subjects
- anticipatory bail
- false implication
- women
- police assault
- Bharatiya Nyaya Sanhita
- bail conditions
- general and omnibus FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6655 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
1. Anchal Kumari @ Anchal Devi Wife of Anoj Kumar R/O Village-
Kalyanpur Bamola, Ward No-10 P.S- Bibhutipur, District- Samastipur.
(incorrectly written as Wife of Late Maheshwar Chaudhary in the Fardbayen
and FIR)
2. Manisha Devi Wife of Late Maheshwar Chaudhary R/O Village- Kalyanpur
Bamola, Ward No-10 P.S- Bibhutipur, District- Samastipur.
3. Ashmita Kumari @ Smita Kumari Wife of Roushan Kumar R/O Village-
Kalyanpur Bamola, Ward No-10 P.S- Bibhutipur, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 29-04-2026 1. No one appears for the petitioners. Learned APP
for the State is present.
2. The petitioners in this application pray for bail
apprehending their arrest in connection with Bibhutipur P.S.
Case no.304 of 2025 registered for the offence punishable under
sections 191(2), 191(3), 190, 126(2), 115(2), 118(2), 117(2),
121(2), 132, 352, 351(2), 324(4) and 109 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that having received information about an accused of Bibhutipur
Patna High Court CR. MISC. No.6655 of 2026(5) dt.29-04-2026
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P.S. Case no.303 of 2025 namely Priyanshu Kumar being
available in his house, a raid was conducted. It is stated that
seeing the police personnel, Priyanshu Kumar fled away. Other
members of the family of Priyanshu Kumar including the
petitioners herein climbed on the terrace of the house and started
throwing stones resulting in injury to the police personnel.
4. It is the case of the petitioners that the petitioners
have been falsely implicated in the case. They are lady members
of the family of Priyanshu Kumar. The allegations as levelled in
the FIR are all false and concocted besides being general and
omnibus in nature. The petitioners have no criminal antecedent.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned APP for the State and having
perused the contents of the petition, taking into consideration
the allegations against the petitioners in the FIR which are
general and omnibus in nature together with the petitioners
being ladies having no criminal antecedent, it is directed that all
the three petitioners, above named, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Bibhutipur P.S. Case no.304 of 2025 on each of them furnishing
Patna High Court CR. MISC. No.6655 of 2026(5) dt.29-04-2026
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bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Sub Divisional Judicial Magistrate, Rosera, Samastipur.
(Partha Sarthy, J)
Saurabh/-
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