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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bond and conditions.

Summary

Sunita Devi and Ganit Devi applied for anticipatory bail after being named in an FIR under multiple sections of the B.N.S for an assault arising from a dispute between children. The FIR primarily implicates co‑accused Nitesh Sahni and his wife Manita, with the petitioners being accused only due to familial relations with Nitesh Kumar. The petitioners argued that the allegations against them are general and omnibus, with no specific injury attributable to them, and they have no prior criminal record. The State opposed the bail. Considering the lack of specific evidence against the petitioners, their clean record, and the nature of the allegations, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438 of the CrPC and Section 482 of the B.N.S.S, 2023, including cooperation with the investigation.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners despite being named in the FIR under multiple sections.
  • Whether the general and omnibus nature of the allegations justifies bail under Section 438 CrPC and Section 482 B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.S
  • general allegations
  • omnibus allegations
  • bail bond
  • cooperation with investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7457 of 2026
                    Arising Out of PS. Case No.-293 Year-2025 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
           1.     Sunita Devi W/O Vasudeo Sahni @ Basdev sahani R/O Village-
                  Raghunathpur Imadpur, P.S- Bhagwanpur, Distt.- Vaishali.
           2.    Ganit Devi @ Ganita Devi W/O Devendra Sahni R/O Village- Raghunathpur
                 Imadpur, P.S- Bhagwanpur, Distt.- Vaishali.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vasant Vikas, Advocate
                 For the Opposite Party/s :       Mr. Humayou Ahmad Khan, A.P.P
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026                          Heard learned counsel for the petitioners and

                   learned A.P.P for the State.

                                    2. The petitioners apprehend their arrest in a case

                   registered under Sections 191(2), 191(3), 190, 118(2), 352,

                   351(2), 109, 115(2), 303(2), 118 (1), 74 and 3 (5) of B.N.S.

                                    3. The allegation in the First Information Report is

                   that on account of a dispute between children, the accused

                   persons, being seven in number, including the present

                   petitioners engaged themselves in abuses and assault causing

                   injury.

                                    4. Learned counsel for the petitioners submits that

                   it would be evident from the First Information Report itself that

                   the incident had taken place on account of a dispute between the
Patna High Court CR. MISC. No.7457 of 2026(2) dt.04-02-2026
                                            2/3




          children which escalated leading to the present incident. It has

          further been submitted that so far as these petitioners are

          concerned there are general and omnibus allegations against

          them while the specific allegation of assault and of throwing

          the oil is upon co-accused Nitesh Sahni and his wife Manita.

          These petitioners have been made an accused in this case only

          for the reason that they are related to Nitesh Kumar and

          petitioner no.1 is the mother of Nitesh Kumar who is aged about

          seventy years.

                          5. The application for anticipatory bail is opposed

          by learned A. P.P. for the State.

                          6.Taking       into     consideration   the   facts   and

          circumstances and also considering the fact of general and

          omnibus nature of allegation against these petitioners with the

          thrust of allegation being against other accused persons, coupled

          with the fact that no injury has been attributable to these

          petitioners, let the petitioners having no criminal antecedent 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 Bhagwanpur P.S. Case No. 293 of 2025

          of     on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) each with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.7457 of 2026(2) dt.04-02-2026
                                                         3/3




                       satisfaction of the learned Court below where the case is

                       pending subject to the condition laid down under Section 438(2)

                       of the Code of Criminal Procedure/Section 482(2) of the

                       B.N.S.S, 2023, subject to the conditions that the petitioners

                       would cooperate in the investigation.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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