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Patna High Court

Gauri Shankar BhandariversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail is denied to petitioners 1‑3 but granted to petitioner 4.

Summary

The petitioners, four members of the Bhandari family, applied for anticipatory bail in connection with a criminal case (Kaluahi PS Case No.130 of 2025) involving offences under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that petitioners 1, 2 and 3 assaulted an informant after being released from jail under the Excise Act, while petitioner 4 faced only a general allegation. The High Court rejected anticipatory bail for petitioners 1‑3, directing them to surrender within four weeks and seek regular bail, but expressly stated that the lower court should decide their case on its merits. In contrast, the Court granted anticipatory bail to petitioner 4, a woman, on the condition of a Rs.10,000 bail bond and two sureties, invoking Section 482(2) of the BNSS. The order was partially allowed, granting bail to petitioner 4 while denying it to the others.

Issues considered

  • Whether anticipatory bail should be granted to petitioners 1, 2 and 3 under the Bharatiya Nyaya Sanhita in view of the alleged assault on the informant.
  • Whether anticipatory bail can be granted to petitioner 4, a woman, despite only a general allegation against her.
  • Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits the grant of anticipatory bail in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • gender considerations
  • bail bond
  • assault
  • Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90842 of 2025
                     Arising Out of PS. Case No.-130 Year-2025 Thana- KALUAHI District- Madhubani
                 ======================================================
           1.     Gauri Shankar Bhandari S/o Late Bechan Bhandari R/o Village- Haripur
                  Majrahi, PS- Kaluahi, Distt- Madhubani
           2.    Praveen Kumar Bhandari @ Praveen Bhandari S/o Gauri Shankar Bhandari
                 R/o Village- Haripur Majrahi, PS- Kaluahi, Distt- Madhubani
           3.    Pankaj Kumar Bhandari @ Pankaj Bhandari S/o Gauri Shankar Bhandari
                 R/o Village- Haripur Majrahi, PS- Kaluahi, Distt- Madhubani
           4.    Geeta Devi W/o Gauri Shankar Bhandari R/o Village- Haripur Majrahi, PS-
                 Kaluahi, Distt- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pintu Kumar Patel, Advocate
                 For the Opposite Party/s :       Mr. Ahmad Ali, APP
                                                  Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                  Heard the learned counsel for the petitioners and the

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Kaluahi P.S. Case No. 130 of 2025 registered for offences under

                   Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioners are

                   accused of assaulting the informant. So far as the petitioner nos.

                   1, 2 and 3 are concerned, they are said to have assaulted the

                   victim after having come out from the jail in connection with
Patna High Court CR. MISC. No.90842 of 2025(2) dt.28-01-2026
                                            2/3




          the Excise Act. So far as the petitioner no. 4 is concerned, she is

          a woman and there is general and omnibus allegation against

          her.

                       4. Considering the allegations levelled against the

          petitioner nos. 1, 2 and 3, their prayer for anticipatory bail is

          rejected.

                       5. They are directed to surrender in the court below

          within a period of four weeks from today and seek regular bail,

          if so advised, failing which the Superintendent of Police,

          Madhubani will take all steps for the arrest of the petitioner.

                       6. It is, however, made clear that the Court below

          shall not be prejudiced by this order and shall decide the case of

          the petitioner nos. 1, 2 and 3 on its merit.

                       7. So far as the petitioner no. 4 is concerned,

          considering the fact that she is a woman and there is general and

          omnibus allegation against her, her prayer for anticipatory bail

          stands allowed.

                       8. Accordingly, let the petitioner no. 4, 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
            Patna High Court CR. MISC. No.90842 of 2025(2) dt.28-01-2026
                                                        3/3




                      learned Judicial Magistrate, 1st Class, Madhubani/concerned

                      Court below in connection with Kaluahi P.S. Case No. 130 of

                      2025 subject to the conditions as laid down under Section

                      482(2) of the BNSS.

                                   9. In view of the above, this application is partly

                      allowed.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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