Patna High Court
Gauri Shankar BhandariversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2)
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
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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
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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
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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/-
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