Patna High Court
Priti Kumari @ Pritee KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, as the FIR did not contain a specific allegation against her and she has a clean antecedent.
Summary
Petitioner Priti Kumari was named in an FIR (Sindhugarh PS Case No.36 of 2025) alleging that she, along with five others, assaulted an informant with an iron rod, invoking several offences under the B.N.S., 2023. She contended that she has a clean antecedent and that the FIR contains only a vague, omnibus allegation against her, with no specific overt act attributed. The State opposed her anticipatory bail application. The Court examined the lack of specific allegation and the petitioner’s clean record, and consequently granted anticipatory bail under Section 438(2) of the CrPC, subject to a bail bond of Rs.10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The order directs that the bail be effected by the Additional Chief Judicial Magistrate‑II, Sherghati, Gaya, and stipulates cancellation provisions for non‑compliance.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being named in the FIR for offences under the B.N.S., 2023.
- Whether the allegations in the FIR constitute a specific charge or a general, omnibus allegation against the petitioner.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 190, 191(2), 329(3), 351(2), 351(3), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- B.N.S. 2023 offences
- clean antecedent
- omnibus allegation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86892 of 2025
Arising Out of PS. Case No.-36 Year-2025 Thana- SINDHUGAR District- Gaya
======================================================
Priti Kumari @ Pritee Kumari D/o Brahamdeo Ravidas, Wife of Santosh
Kumar Resident of Village- Khap, P.S.- Sindhugarh, District- Gaya. At
present Resident of Village- Chauriya, P.S.- Barachatti, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr.Gajendra Kumar Singh, learned counsel
for the petitioner and Mr.Binod Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner is apprehending her arrest in connection
with Sindhugarh P.S. Case No.36 of 2025, dated 05.04.2025
registered for the offences punishable under Sections
191(2),190,329(3),126(2),115(2),109,351(2) & (3),352 of
B.N.S., 2023.
3. As per the prosecution case, petitioner and 5 other
went armed with iron rod at the door of the informant and they
assaulted the informant and others due to which they received
injuries.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.86892 of 2025(2) dt.08-01-2026
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submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated. Although the
petitioner is named in the FIR but from a bare perusal of the FIR
it appears that there is specific allegation against the petitioner is
that she alongwith other co-accused person, namely, Arti
Kumari assaulted to the uncle of the informant which suggests
that there is no specific allegation of any assault or overt-act
attributed against the petitioner rather there is general and
omnibus allegation against the petitioner in the FIR.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent and there is no specific allegation of any assault or
overt-act attributed against the petitioner rather there is general
and omnibus allegation against the petitioner in the FIR, let the
petitioner, above named, in the event of her arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing
bail bond of Rs.10,000 (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-II, Sherghati, Gaya in connection with
Sindhugarh P.S. Case No.36 of 2025, subject to the conditions
Patna High Court CR. MISC. No.86892 of 2025(2) dt.08-01-2026
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as laid down under Section 438(2) of the Code of Criminal
Procedure and with other following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his/her
criminal antecedent, the court below shall take step for
cancellation of bail bond 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.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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