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Patna High Court

Sandhya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, members of the Gena family, were implicated in a FIR alleging assault, attempted strangulation, and theft of jewellery during a dispute over a government hand pump. They claim the allegations are false and stem from a personal quarrel, noting that some have prior criminal records while others have clean antecedents. The petition sought anticipatory bail under Section 482(2) of the B.N.S.S., arguing that the FIR contains exaggerated and ornamental charges. The State opposed the bail, contending the offences under Sections 126(2), 115(2), 303(2), 110 and 3(5) of the B.N.S., 2023 are cognizable. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions laid down under Section 482(2).

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the alleged offences.
  • Whether the FIR contains false or exaggerated allegations warranting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • B.N.S. 2023
  • false implication
  • assault
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86941 of 2025
                      Arising Out of PS. Case No.-306 Year-2025 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
           1.     Sandhya Devi D/O Gena Sah @ Ganesh Sah Resident of Champapur, P.S-
                  Ramgharwa, Distt.- East Champaran.
           2.    Bikash Sah @ Santu Kumar @ Vikash Kumar S/O Gena Sah @ Ganesh Sah
                 Resident of Champapur, P.S- Ramgharwa, Distt.- East Champaran.
           3.    Sundarkali Devi @ Sunderkali Kumari D/O Gena Sah @ Ganesh Sah
                 Resident of Champapur, P.S- Ramgharwa, Distt.- East Champaran.
           4.    Parmila Devi W/O Gena Sah @ Ganesh Sah Resident of Champapur, P.S-
                 Ramgharwa, Distt.- East Champaran.
           5.    Gena Sah @ Ganesh Sah S/O Late Nathuni Sah Resident of Champapur,
                 P.S- Ramgharwa, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kundan Rathore@ Kundan Kumar
                 For the Opposite Party/s :      Mr. Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  1. 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 offences punishable under Sections 126(2),

                   115(2), 303(2), 110, 3(5) of the B.N.S., 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of one case, petitioner no.3 has

                   antecedent of two cases and petitioner no.2, 4 and 5 are persons

                   with clean antecedent and petitioner no.1, 3 and 4 are women
Patna High Court CR. MISC. No.86941 of 2025(2) dt.10-03-2026
                                            2/3




          and the informant alleges that his wife was washing her face at a

          government hand pump, when accused persons came, thereafter

          his wife protested their selling liquor, when on order of Gena

          and his son, accused Sandhya and Sundarkali tried to strangulate

          his wife, while Pramila snatched her chain and Vikash along

          with Santu started tearing her cloth but was saved when people

          gathered.

                       4. Learned counsel submits that petitioners have been

          falsely implicated in the instant case by the informant. It is next

          submitted that on account of dispute relating to use of hand

          pump, an altercation had taken place, in which both side abused

          each other but then the instant FIR came to be instituted with

          ornamental and exaggerated allegations.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of learned

          trial court where the case is pending/successor court in
             Patna High Court CR. MISC. No.86941 of 2025(2) dt.10-03-2026
                                                         3/3




                       connection with Ramgharwa P.S. Case No.306/2025, subject to

                       the conditions as laid down under Section 482(2) of the

                       B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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