Patna High Court

Upendra Bihari @ Upendra BhartiversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

Since no specific overt act is alleged against the petitioners and the female petitioners are unlikely to be culpable, the court granted anticipatory bail under Section 438(2) of the CrPC.

Summary

The petitioners – four residents of Vidyachak village – were named in an FIR (Imamganj PS Case No. 97 of 2018) for alleged assault with iron rods and other weapons, invoking IPC sections 341, 323, 337, 447, 307, 504, 506 and 34. They applied for anticipatory bail, contending that no specific overt act was alleged against them, especially the three female petitioners, and that the investigation was still pending. The prosecution could not point to any distinct act by the petitioners. The Court, noting the absence of specific allegations and the presence of women among the accused, decided to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. The application was allowed, and the petitioners were directed to surrender within four weeks for bail execution.

Issues considered

Whether anticipatory bail should be granted to the petitioners when no specific overt act is alleged against them.
Whether the presence of female petitioners warrants special consideration in granting bail.

Legislation cited

Code of Criminal Procedure — s. 438
Indian Penal Code — s. 307, 323, 337, 34, 341, 447, 504, 506

Subjects

anticipatory bail
section 438 CrPC
IPC offences
assault
women
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.90742 of 2025
                       Arising Out of PS. Case No.-97 Year-2018 Thana- IMAMGANJ District- Gaya
                 ======================================================
           1.     Upendra Bihari @ Upendra Bharti Son of Sanjay Bharti Resident of village-
                  Vidyachak, Ps- Imamganj, Dist- Gaya
           2.    Muniya Devi Wife of Madina Bharti Resident of village- Vidyachak, Ps-
                 Imamganj, Dist- Gaya
           3.    Anita Devi Wife of Amresh Bharti Resident of village- Vidyachak, Ps-
                 Imamganj, Dist- Gaya
           4.    Nanhki Devi Wife of Birendra Bharti Resident of village- Vidyachak, Ps-
                 Imamganj, Dist- Gaya


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Javed Jafar Khan, Adv.
                 For the Opposite Party/s :      Mr. Akshay Lal Pandit, App.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                  ORAL ORDER

4   01-04-2026                     1. Heard learned Counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Imamganj Police Station Case No. 97 of 2018,

                   disclosing offences under Sections 341, 323, 337, 447, 307, 504,

                   506, 34 of the Indian Penal Code.

                                   3. As per the prosecution case, on 14.07.2018,

                   while the informant was at his door, the petitioners, along with

                   other co-accused persons, arrived there and assaulted the
Patna High Court CR. MISC. No.90742 of 2025(4) dt.01-04-2026
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          informant and his family members with iron rod, tangi, etc.

                          4. Learned counsel for the petitioners submits that

          altogether eight persons have been made accused in the FIR. No

          specific overt act has been alleged against the petitioners. The

          occurrence has taken place due to dispute regarding passage

          between the parties. Petitioner nos. 2, 3, and 4 are ladies and

          there is no specific allegation against petitioner no. 1. The

          investigation in the case is still going on.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          there is no specific overt act against the petitioners and the

          petitioner nos. 2, 3, and 4 are ladies, I am inclined to grant the

          petitioners privilege of anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7. Let the petitioners, above named, in the event of

          their arrest or surrender before the Court below within four

          weeks, 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 Judicial Magistrate, 1st Class,

          Sherghati, Gaya, in connection with Imamganj Police Station

          Case No. 97 of 2018, subject to the condition laid down under

          Section 438 (2) of the Code of Criminal Procedure/Section
           Patna High Court CR. MISC. No.90742 of 2025(4) dt.01-04-2026
                                                       3/3




                     482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T

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