Patna High Court
Sweta Kumari @ Sweta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Given the nature of the allegations and the petitioners’ clean antecedent, the Court held that anticipatory bail is warranted.
Summary
The petitioners, who are neighbours, feared arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita alleging that they disrobed, assaulted an informant causing a finger fracture and snatched her gold chain. They contended that the incident stemmed from a petty domestic dispute, that the allegations were vague and ornamental, and that they have a clean antecedent. The State opposed the bail application. The Court examined the nature of the accusations, the petitioners’ clean record and the lack of specific overt acts. Finding the allegations insufficient to deny bail, the Court granted anticipatory bail subject to a bail‑bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that if the petitioners are arrested within eight weeks, they shall be released on bail on compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging assault, grievous hurt and theft under the Bharatiya Nyaya Sanhita
- Whether the nature of the allegations and the petitioners’ clean antecedent justify the grant of bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- assault
- theft
- clean antecedent
- Bihar
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82632 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- RAJAON District- Banka
======================================================
1. Sweta Kumari @ Sweta Devi W/O Anupam @ Sanjiv Kumar Resident Of
Village- Muradpur (Choti), P.S- Rajoun, Distt.- Banka.
2. Aastha @ Aastha Rani D/O Anupam @ Sajiv Kumar Resident Of Village-
Muradpur (Choti), P.S- Rajoun, Distt.- Banka.
3. Anupam @ Sanjiv Kumar S/O Shri Raghuveer Prasad Singh Resident Of
Village- Muradpur (Choti), P.S- Rajoun, Distt.- Banka.
4. Anish @ Anish Patel @ Sanni S/o Anupam @ Sanjiv Kumar Resident Of
Village- Muradpur (Choti), P.S- Rajoun, Distt.- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Raj, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 303(2),
76, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., these petitioners disrobed and
assaulted informant due to which she sustained fracture on her
finger. It is further submitted that these petitioners also snatched
gold chain from the neck of informant.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.82632 of 2025(2) dt.05-01-2026
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petitioners are innocent and have committed no offence. Both
parties are close-door neighbours and due to petty dispute,
altercation took place between them. Allegation of assault is
general and omnibus and there is no specific allegation of overt
act against these petitioners. Rest of the allegations are
ornamental only to make the case grave. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
antecedent, this anticipatory bail is allowed and it is ordered that
let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Banka in connection with Rajoun P. S. Case No. 26 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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