Patna High Court
Sandhya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- B.N.S., 2023 — s. 110, 115(2), 126(2), 303(2), 3(5)
- B.N.S.S. — s. 482(2)
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
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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
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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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