Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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