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Patna High Court

Sarita KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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