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Patna High Court

Rita KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for anticipatory bail is allowed, and the petitioner is to be released on bail subject to conditions.

Summary

Rita Kumari, a Panchayat Secretary, was implicated in Chewara Police Station Case No.5 of 2020 for alleged offences under Sections 406, 409, 420, 467, 468, 471 and 120(B) of the IPC. The prosecution alleged irregularities in the execution of government schemes, but the police investigation concluded that she was exonerated. Despite the police report, the learned Magistrate took cognizance of the case, prompting the petitioner to seek anticipatory bail fearing arrest. The Patna High Court examined the police exoneration and found no material evidence to justify continued detention. Relying on Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, the Court allowed the bail application. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the conditions prescribed. The order is effective for six weeks from the date of the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the police exoneration.
  • Whether the magistrate's cognizance of the case is maintainable despite the lack of evidential material.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • police exoneration
  • IPC offences
  • Criminal Procedure
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89170 of 2025
                     Arising Out of PS. Case No.-5 Year-2020 Thana- CHEWARA District- Sheikhpura
                 ======================================================
                 Rita Kumari W/O Vasudev Ravidas @ Baso Ravidas R/O Vill.- Ekrama, P.S.-
                 Chewara, Dist.- Sheikhpura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar
                 For the Opposite Party/s :        Mr. Parmeshwar Mehta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends her arrest in

                   connection with Chewara P.S. Case No. 5 of 2020 registered for

                   the offence under Sections 406, 409, 420, 467, 468, 471 and

                   120(B) of the Indian Penal Code.

                                   3. As per the prosecution case, the petitioner, who

                   is Panchayat Secretary, is alleged to have committed

                   irregularities in execution of government schemes.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and she has falsely

                   been implicated in this case. He further submits that the police,

                   after investigation, has submitted final form with regard to the

                   petitioner but the learned Magistrate has taken cognizance
          Patna High Court CR. MISC. No.89170 of 2025(2) dt.04-02-2026
                                                      2/2




                    against the petitioner.

                                    5. Considering the fact that the petitioner has been

                    exonerated by the police after investigation, this application is

                    allowed.

                                    6. Let the petitioner, above named, in the event of

                    her arrest or surrender before the concerned Court below within

                    six weeks from today, 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 the learned Sub-Judicial

                    Judicial Magistrate, Sheikhpura/concerned Court below in

                    connection with Chewara P.S. Case No. 5 of 2020, subject to the

                    conditions laid down in Section 438(2) of the Code of Criminal

                    Procedure, 1973 / Section 482 of the BNSS.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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