Patna High Court
Rukmani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to the conditions laid down under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioners, four women from Arunmabank village, sought anticipatory bail fearing arrest in connection with Garhi Police Station Case No. 99 of 2025, which alleged offences under several sections of the B.N.S., 2023 relating to an alleged assault and land dispute. They argued that the FIR contained only general, omnibus allegations without attributing any specific role to them and that the injuries claimed by the prosecution were simple. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the submissions, granted anticipatory bail subject to conditions prescribed under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S.S., including bail bonds, sureties, presence in court, and verification of criminal antecedents. The order also stipulated cancellation of bail for non‑compliance or involvement in similar offences. The application was thereafter disposed of.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR containing general allegations.
- Whether the petitioners pose a risk of absconding or tampering with evidence.
- Whether the conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S. are sufficient to justify granting bail.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 118(1), 126(2), 329(3), 3(5), 352, 354(4), 651(2)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- FIR
- general allegations
- Section 438
- Section 482
- Criminal Procedure
- bail conditions
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82158 of 2025
Arising Out of PS. Case No.-99 Year-2025 Thana- GARHI District- Jamui
======================================================
1. Rukmani Devi Wife of Mukesh Yadav R/o Village - Arunmabank, P.S. -
Garhi, Dist. - Jamui.
2. Sarita Devi @ Neelam Kumari D/o Yogendra Yadav, Wife of Dabloo Yadav
R/o Village - Arunmabank, P.S. - Garhi, Dist. - Jamui.
3. Salita Devi Wife of Sunil Yadav @ Surendra Yadav R/o Village -
Arunmabank, P.S. - Garhi, Dist. - Jamui.
4. Saran Yadav @ Sharan Yadav Son of Huro Yadav R/o Village -
Arunmabank, P.S. - Garhi, Distt. - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehends their arrest in connection
with Garhi P.S. Case No. 99 of 2025 registered for the offences
under Sections 126(2), 115(2), 118(1), 109(1), 354(4), 329(3),
651(2), 352 and 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the informant has
alleged that the named accused persons, including the
petitioners, assaulted his brother, Yogendra Yadav, and two
women members of his family. It has further been alleged that
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accused Dablu Yadav assaulted on the neck of the informant’s
wife, resulting in grievous injury and that all the accused
persons assaulted everybody from the prosecution side. It is also
alleged that the dispute was with regard to a land.
4. Learned counsel for the petitioners submits that
from perusal of the F.I.R., it would be evident that there are
general and omnibus allegations against all the petitioners and
that no specific role has been attributed to any particular
petitioner. It has further been submitted that there exists a case
and counter case between the parties and that petitioner no. 4
has also lodged Garhi PS Case No. 100 of 2025 against the
prosecution side. It has next been submitted that the injuries
allegedly sustained by the prosecution side was found to be
simple in nature.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioners above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
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satisfaction of the learned Court below where the case is
pending/successor court in connection with Garhi P.S. Case No.
99 of 2025 subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioners will be liable to be cancelled by the
Court concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have
concealed their criminal antecedents, the court
below shall take step for cancellation of bail bond
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of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
7. Accordingly, the present application stands
disposed of.
(Sourendra Pandey, J)
aditya/-
U
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