Patna High Court
Sarita KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to bond, sureties and conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Sarita Kumari, was accused in a case registered under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Election Commission Act for allegedly embezzling and black‑marketing rice and wheat meant for the Public Distribution System. She filed an application for anticipatory bail, claiming innocence and emphasizing her status as a woman with a clean antecedent. The State opposed the bail on the ground of the seriousness of the alleged offences. The Court, after considering the facts and the petitioner’s gender, allowed the anticipatory bail, directing her to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order thus secures her release pending trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the allegations of embezzlement and black‑marketing under the BNSS and EC Act.
- Whether the petitioner’s gender and clean antecedent warrant a more lenient approach in granting bail.
- Whether the conditions under Section 482(2) of the Bharatiya Nyaya Sanhita are applicable to the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 482(2)
- Election Commission Act — s. 7
Subjects
- anticipatory bail
- embezzlement
- black marketing
- Public Distribution System
- women
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90792 of 2025
Arising Out of PS. Case No.-381 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Sarita Kumari W/O Mithilesh Paswan R/O Village- Kevadhi, P.S.- Kudra,
District- Kaimur Bhabhua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bandana Singh, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Kudra P.S. Case No. 381 of 2025 registered for offences under
Sections 318(4), 316(2) of the Bharatiya Nyaya Sanhita, 2023
and Section 7 of the EC Act.
3. As per the prosecution case, the petitioner is
accused of embezzlement and black marketing of 24.48 quintals
of rice and 29 Kg of wheat kept for distribution to the
beneficiaries under the Public Distribution System.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner is a woman and has clean
Patna High Court CR. MISC. No.90792 of 2025(2) dt.28-01-2026
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antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is a woman, this application for
anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned S.D.J.M.,
Kaimur at Bhabhua/concerned Court below in connection with
Kudra P.S. Case No. 381 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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