Patna High Court
Anita Kumari @ Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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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