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Patna High Court

Priyanka KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that in view of the lack of specific allegations and the petitioners’ clean antecedent, anticipatory bail could be granted subject to statutory conditions.

Summary

The petitioners, three women related to the accused, sought anticipatory bail fearing arrest in a case (Khajauli PS Case No.184 of 2025) involving alleged assault with lathi‑danda and firing on an informant’s father‑in‑law. The prosecution alleged offences under several sections of the Indian Penal Code/Bharatiya Nyaya Sanhita. The petitioners argued that the allegations were vague, no injury report existed, they were merely lady members of the household and had clean antecedents. The court examined the lack of specific incriminating material and the petitioners’ background, and concluded that anticipatory bail could be granted. Accordingly, the court ordered release on anticipatory bail with a cash bond of Rs 10,000 and specified conditions under Sections 438(2) CrPC and 482(2) B.N.S.S., noting that the order’s observations would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the pending charges under multiple IPC/B.N.S. sections.
  • Whether the allegations against the petitioners are sufficiently specific to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • IPC offences
  • women accused
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8401 of 2026

                     Arising Out of PS. Case No.-184 Year-2025 Thana- KHAJAULI District- Madhubani
                 ======================================================
           1.    Priyanka Kumari D/o- Sri Ram Pandit @ Ram Pandit R/v- Khajauli Ps-
                 Khajauli Dist- Madhubani
           2.    Manisha Devi @ Manasi Devi @ Manasi Kumari W/o- Govind Pandit R/v-
                 Khajauli Ps- Khajauli Dist- Madhubani
           3.    Rinku Kumari D/o- Sri Ram Pandit @ Ram Pandit R/v- Khajauli Ps-
                 Khajauli Dist- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar Sah, Adv.
                                                  Mr. Sumit Kumar Singh, Adv.
                                                  Ms. Archna Aanand, Adv.
                 For the Opposite Party/s :       Ms. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   17-02-2026                   Heard the learned counsel for the petitioners and the

                   learned A.P.P. for the State.

                                 2. The petitioners are apprehending their arrest in

                   connection with Khajauli P.S. Case No. 184 of 2025 registered

                   for the offence(s) under Section(s) 126(2), 115(2), 109, 329(4),

                   303(2), 352, 351(2) and 3(5) of the Indian Penal Code/Bharatiya

                   Nyaya Sanhita, 2023 (B.N.S.).

                                 3. The allegation against the petitioners are that they

                   had assaulted the informant with lathi-danda when an
Patna High Court CR. MISC. No.8401 of 2026(2) dt.17-02-2026
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          altercation had taken place apart from further allegations against

          other co-accused persons to have fired upon the father-in-law of

          the informant.

                       4. The learned counsel for the petitioners submits that

          the petitioners are lady members of the family of the accused

          persons and they have falsely been implicated in this case with

          superficial allegations. It has further been submitted that even

          from the perusal of the impugned order, it would be evident that

          there is no reference of any injury report with regard to the

          informant. It has next been submitted that there is general and

          omnibus allegations against the petitioners and nothing specific

          has been alleged against them, who are, admittedly, the lady

          members of the house. It has lastly been submitted that the

          petitioners have clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case and the submissions advanced on behalf of the parties, let

          the petitioners, above-named, be released on anticipatory bail, in

          the event of their arrest or surrender before the concerned

          Court/successor Court within a period of four weeks from today,
Patna High Court CR. MISC. No.8401 of 2026(2) dt.17-02-2026
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          on their furnishing bail bond in the sum of Rs. 10,000/- (Rupees

          Ten Thousand) each with two sureties of the like amount each to

          the satisfaction of the concerned Court/successor Court where

          the case is pending in connection with Khajauli P.S. Case No.

          184 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure, 1973 read

          with corresponding Section 482(2) of the Bharatiya Nagarik

          Suraksha Sanhita, 2023 (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 and the other shall be a local resident.
                                  (ii) The petitioners shall remain physically present
                            before the concerned Court on each and every date of the
                            trial and shall cooperate in the investigation.
                                  (iii) In case of absence for two consecutive occasions
                            or in violation of the terms of the bail, the bail bond of the
                            petitioners will be liable to be cancelled by the concerned
                            Court.
                                  (iv) The concerned Court shall verify the criminal
                            antecedent of the petitioners and in case, at any stage, it is
                            found that he has concealed their criminal antecedent, the
                            Court concerned shall take necessary steps for cancellation
                            of their bail bond. However, the acceptance of bail bond
                            in terms of the above-mentioned order shall not be delayed
                            for purpose of or in the name of verification.


                       7. It is made clear that the observations, if any, made

          in this order, shall be of no bearing during the trial.
            Patna High Court CR. MISC. No.8401 of 2026(2) dt.17-02-2026
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                                   8. The application stands allowed.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T


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