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Patna High Court

Anita Kumari @ Anita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with specified conditions.

Summary

Anita Kumari, a Anganbadi Sewika, was implicated in a case alleging she helped conceal two poison‑filled bottles in a rice sack, leading to charges under IPC Sections 328, 307 and 120B. She contended that the informant, who also filed the FIR, was motivated by a dispute over the Anganbadi appointment, and that she was falsely implicated to coerce the informant's husband, Manoj. The petitioner, represented by Mr. Sanjeev Kumar Shrivastava, sought anticipatory bail, arguing her clean antecedents and willingness to cooperate with the investigation. The State, through its A.P.P., opposed the bail. The Court, considering the submissions and the lack of a charge sheet, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and a condition that the trial court may cancel the bail if she fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the pending investigation under Sections 328, 307 and 120B IPC.
  • Whether the petitioner’s alleged involvement is sufficient to deny bail.

Subjects

  • anticipatory bail
  • IPC 328
  • IPC 307
  • IPC 120B
  • poison case
  • Anganbadi Sewika
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76792 of 2025
                   Arising Out of PS. Case No.-162 Year-2022 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Anita Kumari @ Anita Devi W/O Dhamendra Prasad Resident of Village-
                 Tathwananpur, Ward No. 6, P.S- Bairiya, Distt.- West Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Shrivastava
                 For the Opposite Party/s :       Mr. Anant Kumar 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 328, 307,

                   120B of the IPC.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   the informant alleges that on 26-05-2022 at 7:30 AM, she got

                   the doors of Anganbadi Centre opened by her subordinate Anita

                   Kumari (petitioner) and found two bottles kept in a rice sack

                   and later it was discovered that the bottles contained poison.

                                4. Learned counsel for the petitioner next submits that

                   petitioner has been falsely implicated in the instant case during

                   the course of investigation. It is next submitted that from perusal
Patna High Court CR. MISC. No.76792 of 2025(2) dt.16-02-2026
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          of the FIR, it would manifest that even informant is a signatory

          on the FIR instituted by the informant. It is further submitted

          that informant and wife of one Manoj were applicant for the

          post of Anganbadi Sewika and informant got selected but then

          wife of Manoj started pursuing a case against informant with

          regard to her appointment as Anganbadi Sewika. It is further

          submitted that during the course of investigation, the name of

          Manoj transpired with an allegation that he being aggrieved by

          non-selection of his wife got two bottles of poison concealed in

          a rice sack with the help of the instant petitioner. It is next

          submitted that Manoj had approached this Court seeking

          anticipatory bail by filing Cr. Misc. No.37781 of 2025 and the

          same came to be allowed by an order dated 18.06.2025. It is

          further submitted that had the petitioner been involved in the

          occurrence then she would not have signed on the FIR. It is also

          submitted that Manoj got the privilege of anticipatory bail on

          the ground that his wife was pursuing a case against the instant

          informant against the selection as Anganbadi Sewika, as such,

          Manoj came to be implicated with a view to coerce his wife into

          submission. It is further submitted that till date charge sheet has

          not been submitted and the investigation against the petitioner is

          continuing and the petitioner will not abscond rather will
             Patna High Court CR. MISC. No.76792 of 2025(2) dt.16-02-2026
                                                         3/3




                       cooperate in the investigation to prove her innocence.

                                    5. Learned A.P.P. for the State opposes the prayer for

                       anticipatory bail of the petitioner.

                                    6. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, in the

                       event of her arrest or surrender within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

                       bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                       of the like amount each to the satisfaction of the learned trial

                       court where the case is pending/successor court in connection

                       with Bairiya P.S. Case No. 162 of 2022 subject to the conditions

                       as laid down under Section 482 (2) of the BNSS.

                                    7. However, it is made clear that in the event if the

                       Investigating Officer of the case files an application before the

                       learned trial court bringing to its notice that the petitioner

                       despite giving assurance to this court is not co-operating in the

                       investigation in that event the learned trial court shall be at

                       liberty to cancel the bail bonds of the petitioner.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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