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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to conditions, as the allegations did not constitute a sufficient ground to deny bail.

Summary

The petitioners – Sunita Devi, Rakhi Kumari, Sami Devi and Shrawan Kumar – sought anticipatory bail under Section 438 of the CrPC in connection with a criminal case (Wazirganj P.S. Case No. 170 of 2025) alleging offences under Sections 103(1), 61 and 3(5) of the B.N.S. The prosecution alleged that the petitioners had assaulted and threatened the informant’s husband, but the petitioners contended that the allegations were false and stemmed from a long‑standing land dispute, noting that the informant was not an eyewitness and that there was no specific allegation of an overt act by them. The Additional Public Prosecutor opposed the bail, claiming the petitioners were involved in the alleged killing. After considering the submissions and the lack of concrete evidence linking the petitioners to the alleged assault, the court granted anticipatory bail subject to strict conditions, including bail bonds, sureties, and personal appearance at each trial date. The order also stipulated that any concealment of criminal antecedents could lead to cancellation of bail, and clarified that the observations in the order would not affect the trial. The application was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 CrPC read with Section 482 B.N.S. given the allegations of assault and threat.
  • Whether the informant’s testimony constitutes sufficient prima facie evidence to deny bail.
  • Whether the alleged land dispute and lack of eyewitness evidence justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • false implication
  • land dispute
  • bail conditions
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90247 of 2025
                       Arising Out of PS. Case No.-170 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
           1.     Sunita Devi W/O Sri Ashok Paswan Resident of village-Baniyadih, PS
                  -Wazirganj, District- Gayaji.
           2.    Rakhi Kumari D/o Sri Ashok Paswan R/o village- Baniyadih, P.S.
                 -Wazirganj, District- Gayaji.
           3.    Sami Devi @ Sami Kumari D/o Sri Ashok Paswan R/o village- Baniyadih,
                 P.S. -Wazirganj, District- Gayaji.
           4.    Shrawan Kumar S/o Sri Ashok Paswan R/o village- Baniyadih, P.S.
                 -Wazirganj, District- Gayaji.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sharda Nand Mishra, Adv.
                                                  Mr. Deepak Kumar, Adv.
                                                  Ms. Isha Mishra, Adv.
                 For the Opposite Party/s :       Mrs. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   20-02-2026                   Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Wazirganj P.S. Case No. 170 of 2025 dated 26.03.2025

                   registered for the offences punishable under Sections 103(1), 61

                   and 3(5) of the B.N.S.

                                 3. The prosecution case is to the effect that the

                   informant has alleged that the co-accused, Vikram Singh and

                   Chhotu Singh assaulted the husband of the informant and

                   dragged him towards Laxmipur village. It is alleged that
Patna High Court CR. MISC. No.90247 of 2025(3) dt.20-02-2026
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          Shrawan Kumar, Jay Kumar and Subhash Kumar were also

          seen. It is further alleged that the reason behind the occurrence

          was that on 04.03.2025, the other co-accused persons namely,

          Sunita Devi, Rakhi Kumari and Sami Devi (petitioners) had

          assaulted them and threatened them to kill.

                       4. The learned counsel for the petitioners submits that

          the petitioners have falsely been implicated merely because

          there is a long standing land dispute between the parties. It has

          further been submitted that admittedly, it would appear that the

          informant has not seen the occurrence and has only raised a

          suspicion. It has further been submitted that there is no specific

          allegation of overt act against the petitioner nos. 1 to 3 as far as

          the incident that is stated to have occurred on 24.03.2025. It has

          also been submitted that there is no specific allegation of assault

          against any of the petitioners. Learned counsel for the

          petitioners has pointed out that during the course of

          investigation, the son of the informant was examined and from

          para 13 of his statement, it would appear, the informant had

          gone to her mother’s house along with her son prior to the

          incident and therefore it has been stated that the informant

          could not have in all possibility been an eye witness to the

          alleged occurrence. It has lastly been submitted that the
Patna High Court CR. MISC. No.90247 of 2025(3) dt.20-02-2026
                                            3/4




          petitioners have clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners and

          stated that the informant has alleged that the petitioners were

          involved in killing of her husband.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of

          the case, the petitioners above named, are directed to be released

          on anticipatory bail, in the event of arrest or surrender before the

          Court below within a period of four weeks from today, on

          furnishing       bail-bonds        of      Rs.       10,000/-(Rupees   Ten

          Thousand)each with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Wazirganj P.S. Case

          No. 170 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of BNSS as well as subject to the

          following conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioners.

                       (ii) The petitioners shall remain physically present

          before the concerned Court on each and every date of the trial
           Patna High Court CR. MISC. No.90247 of 2025(3) dt.20-02-2026
                                                       4/4




                     and shall cooperate in the investigation.

                                  (iii) In case of absence on two consecutive dates or in

                     violation of the terms of the bail, the bail bonds of the

                     petitioners will be liable to be cancelled by the Court concerned.

                                  (iv) The trial court shall verify the criminal antecedent

                     of the petitioners and in case, at any stage, it is found that the

                     petitioners have concealed their criminal antecedents, the trial

                     court shall take necessary steps for cancellation of bail bonds of

                     the petitioners. 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.

                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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