Patna High Court
Anar DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, members of the Choudhary family, sought bail fearing arrest in a case (Nawalpur PS Case No.96 of 2025) involving numerous offences under the Bharatiya Nyaya Sanhita. The FIR alleged that when police attempted a raid at 3 a.m., the family protested, armed themselves with lathis and danda, and assaulted the police with intent to kill. The petitioners contended that the raid was conducted without a warrant, violated police‑manual provisions, and that the charges were vague and they were falsely implicated; they also pointed out that only three of them had prior criminal records. The State opposed bail but did not dispute the lack of evidence of the petitioners’ complicity. Considering the circumstances, the Court exercised its inherent powers under Section 482(2) of the BNSS and granted bail to each petitioner on a bond of Rs 10,000 with two sureties, subject to strict conditions regarding court appearances, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether bail may be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita despite the serious nature of the offences alleged.
- Whether the police raid conducted at 3 a.m. without a warrant renders the subsequent charges untenable for the purpose of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 118, 121, 122, 126, 132, 190, 191, 262, 263, 351, 352, 482, 74, 76
Subjects
- bail
- Section 482
- Bharatiya Nyaya Sanhita
- police raid
- illegal search
- criminal procedure
- false implication
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69804 of 2025
Arising Out of PS. Case No.-96 Year-2025 Thana- Nawalpur District- West Champaran
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1. Anar Devi W/o Prabhu Choudhary Resident of Village - Piparpati, P.S -
Nawalpur, District - West Champaran
2. Prabhu Choudhary S/o Ramagya Choudhary Resident of Village - Piparpati,
P.S - Nawalpur, District - West Champaran
3. Jitendra Choudhary S/o Prabhu Choudhary Resident of Village - Piparpati,
P.S - Nawalpur, District - West Champaran
4. Bindra Choudhary S/o Prabhu Choudhary Resident of Village - Piparpati,
P.S - Nawalpur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adesh Raj Singh
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the parties.
2. The petitioners are apprehending their arrest in
connection with Nawalpur P.S. Case No.96 of 2025 dated
15.06.2025, registered for the offence punishable under Sections
191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 74, 76, 262, 263,
121(1), 122(2), 132, 351(3), 352 of the Bharatiya Nyaya Sanhita.
3. As per the FIR, when the informant, along with the
raiding party, went to raid the house of the petitioners, upon seeing
the raiding party, the family members of the petitioners started
protesting against the arrest and, being armed with lathi, danda,
and other weapons, assaulted the police party with the intention to
kill them.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
Patna High Court CR. MISC. No.69804 of 2025(3) dt.21-01-2026
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present case. It is further submitted that the petitioners are accused
in Nawalpur P.S. Case No. 48 of 2025, in which they are already
on bail; however, for ulterior reasons and without any warrant, the
police officials are alleged to have raided the house of the
petitioners at about 3:00 A.M., in violation of the provisions
prescribed under the Police Manual. It is the case of the petitioners
that the allegations levelled against them are general and omnibus
in nature, and that the injuries allegedly sustained by the police
personnel are not on vital parts of the body. Lastly, it is submitted
that petitioner nos. 1, 2, and 4 have one criminal antecedent each,
whereas petitioner no. 3 has no criminal antecedent.
5. On the other hand, learned APP for the State has
opposed the prayer for bail of the petitioners; however, he does not
dispute that there is nothing on record to establish the complicity
of the petitioners.
6. Considering the facts and circumstances of the
case, let the above named petitioners, be released on bail, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, on furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned CJM West
Chamaparan (Bettiah)/Successor Court in connection with
Patna High Court CR. MISC. No.69804 of 2025(3) dt.21-01-2026
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Nawalpur P.S. Case No.96 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS as well as the
following conditions:
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of
his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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