Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail may be granted subject to the stipulated conditions.
Summary
The petitioners, Rita Devi and Manjesh Kumar, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Indian Penal Code for alleged assault, robbery and threats. The FIR alleged that on 24‑01‑2025 the petitioners, along with ten unknown armed persons, attacked an informant’s house, caused injuries, and stole livestock. The petitioners argued the incident was a trivial altercation, claimed clean antecedents and contended the charges were general and omnibus. The State opposed the bail, emphasizing the seriousness of the offences. The Court, after considering the facts, ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties each, subject to conditions under Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious IPC offences
- Whether the petitioners’ claim of a trivial altercation and clean antecedent warrants bail
- Whether conditions under Section 482 of the B.N.S.S., 2023 justify granting bail
Legislation cited
- B.N.S.S., 2023 — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 109, 115, 118, 126, 3, 303, 324, 351, 352, 75
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Section 482 B.N.S.S.
- assault
- theft
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86034 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
1. Rita Devi W/o Jitendra Yadav @ Jitendra Prasad Yadav Resident of Village-
Parmanandpur, Ward No. 9, P.S.- Bihariganj, District- Madhepura
2. Manjesh Kumar S/o Jitendra Yadav Resident of Village- Parmanandpur,
Ward No. 9, P.S.- Bihariganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha
For the Opposite Party/s : Mr. Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 115(2), 118(1), 126(2),
109(1), 75(2), 324(1), 303(2), 352, 351(2), 3(5) of the Indian
Penal Code.
3. As per F.I.R., on 24.01.2025 at about 10 PM, all the
accused persons including these petitioners along with 10
unknown persons, variously armed, came to the house of
informant and attacked informant and other family members and
caused injuries. The accused persons also took away Buffalo,
she goats etc. of informant with them and threatened informant
and other family members to kill.
Patna High Court CR. MISC. No.86034 of 2025(2) dt.07-01-2026
2/2
4. Learned counsel for the petitioners submits that on
a trivial issue, an altercation took place between the parties in
which both sides sustained injuries. Case and counter case.
Allegation of assault is general and omnibus. Petitioners claim
clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. In the facts and circumstances of the case, in the
event of arrest/surrender within a period of eight weeks from
today, let the above named petitioner 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
learned S.D.J.M., Udakishunganj at Madhepura in connection
with Bihariganj P.S. Case No. 38 of 2025, subject to condition
as laid down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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