Patna High Court
Bharti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioners are entitled to anticipatory bail as they have no specific allegation of assault and possess no criminal antecedent.
Summary
The petitioners, four women related to Jai Prakash Chouhan, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged mob violence against a police informant. The FIR alleged that Jai Prakash Chouhan, a military person and husband of one petitioner, led the assault, while the petitioners were implicated merely due to familial ties. The petitioners argued that the FIR was filed after a three‑day delay, they have no specific allegation of assault, and they possess no criminal antecedent; additionally, one petitioner had filed a complaint against the informant. The State opposed the bail, relying on the FIR allegations. The Court, considering the lack of direct involvement, the delay in filing, and the petitioners' clean record, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, to be surrendered within four weeks if arrested.
Issues considered
- Whether the petitioners, who are family members of the main accused, are entitled to anticipatory bail despite being named in the FIR.
- Whether the delay in filing the FIR and lack of specific allegations against the petitioners justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- mob violence
- FIR
- family members
- criminal antecedent
- Section 438
- Section 482
- BNSS
- Bihar
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7558 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
1. Bharti Devi W/o Lakshmi Chouhan R/o Village - Dalan, P.S - Muffasil,
District - Katihar
2. Mamta Kumari @ Mamta Devi W/o Jay Prakash Chouhan R/o Village -
Dalan, P.S - Muffasil, District - Katihar
3. Meera Devi W/o Jugal Chouhan R/o Village - Nawada, P.S - Dandkhora,
District - Katihar
4. Doli Devi @ Doli Kumari W/o Anil Chouhan R/o Village - Nikhrail, P.S -
Ranipatra, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
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 for the offences punishable under Sections 126(2),
127(2), 115(2), 117(2), 109(1), 132, 121(2), 352, 3(5) of the
B.N.S..
3. The allegation in the First Information Report is
that on account of some mob violence, the informant, who is a
police personnel, was assaulted by one Jai Prakash Chouhan,
who is the person from military and all the accused persons
Patna High Court CR. MISC. No.7558 of 2026(2) dt.04-02-2026
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including the present petitioners along with 8-10 unknown
persons pushed the informant and others while Jai Prakash
Chouhan made the main attack.
4. Learned counsel for the petitioners submits that it is
clear from the First Information Report itself that the incident
took place out of a mob mentality and the main allegation has
been attributed to one Jai Prakash Chouhan, who is person from
military as also husband of petitioner no.2. The petitioners, who
are all family members of one family, have been made an
accused on account of the fact that they are related to the main
accused Jai Prakash Chouhan. It has been submitted that the
F.I.R. has also been lodged after delay of three days and as a
matter of fact, the petitioner no.2 had also lodged a complaint
case bearing Complaint Case No.2064/2025 against the
informant and police personnel. It has also been submitted that
the injury suffered by the informant is only attributable to Jai
Prakash Chouhan and not to these petitioners.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioners are
Patna High Court CR. MISC. No.7558 of 2026(2) dt.04-02-2026
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all family members of the family of the main accused Jai
Prakash Chouhan with no specific allegation of assault upon
them, let the above named petitioners, who have no criminal
antecedent, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
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 Court below
where the case is pending/successor Court in connection with
Mufassil P.S. Case No. 257 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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