Patna High Court
Kunti Devi @ Hip @ Hira DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
Anticipatory bail was granted to the petitioners subject to bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Kunti Devi and Raj Kishore Yadav, sought anticipatory bail fearing arrest in connection with FIR No. 231 of 2025 that alleged offences under several sections of the BNS, 2023. They contended that the FIR did not specifically allege any wrongdoing by them, that the name of petitioner no.2 was inconsistently recorded, and that the injuries to the alleged victims were simple and did not support the serious assault allegations. The State opposed the bail application. Considering the lack of specific allegation, the simple nature of injuries, the petitioners' clean antecedents and the young age of petitioner no.2, the Court inclined to grant anticipatory bail. The Court ordered that, upon arrest or surrender within six weeks, the petitioners be released on bail upon furnishing a bond of Rs.20,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the FIR lacks specific allegation against the accused
- Whether misidentification of the accused in the FIR warrants bail
- Whether the nature of injuries and clean antecedent justify anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- FIR
- misidentification
- simple injuries
- clean antecedent
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9090 of 2026
Arising Out of PS. Case No.-231 Year-2025 Thana- CHAKAND District- Gaya
======================================================
1. Kunti Devi @ Hip @ Hira Devi, W/o Kamta Yadav, R/o Village - Koshma,
Tola, Mishri Bigha, P.O - Lakshmipur, P.S - Chakand, District - Gaya, Pin -
804404
2. Raj Kishore Yadav, S/o Kamta Yadav, R/o Village - Koshma, Tola, Mishri
Bigha, P.O - Lakshmipur, P.S. - Chakand, District - Gaya, Pin - 804404
... ... Petitioner/s
Versus
1. The State of Bihar
2. Janak Devi, W/o Satendra Yadav, R/o Village - Kashma, Tola, Mishri Bigha,
P.S - Chakand, District - Gaya, Pin - 804404
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Aanchal, Adv.
Ms. Alka Verma, Adv.
For the State : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 25-02-2026 1. Heard the parties.
2. The petitioners apprehend their arrest in
connection with Chakand P. S. Case No. 231 of 2025 dated
06.08.2025 registered for the offence(s) punishable under
Section(s) 191(2), 191(3), 190, 127(1), 115(2), 117(2), 118(1),
109, 76, 303(2) of the BNS, 2023.
3. The main submissions advanced by the petitioners'
counsel are that the FIR has been registered against 12 accused
persons including the petitioners but in the entire FIR there is no
specific allegation against the petitioners, the petitioner no. 2
Patna High Court CR. MISC. No.9090 of 2026(2) dt.25-02-2026
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has been mentioned twice in the FIR as Raj Kishore Yadav and
Kishore Kumar showing them different persons whereas both
the names refer to the same individual who is here petitioner
no.2. It is further submitted that in the alleged occurrence four
persons sustained injuries and their injuries have been opined to
be simple in nature which do not corroborate the allegation of
assault them by the fatal weapons detailed in the FIR, however,
neither of the petitioners has been specifically alleged to have
played any specific role in assaulting the said injured persons. It
is also submitted that the petitioner no.1 is a lady and petitioner
no.2 is 19 years young person and both the petitioners have fair
and clean antecedent. It is lastly submitted that both the parties
are agnates and the informant has exaggerated the prosecution
story
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioners.
5. In the facts and circumstances of this case as well
as considering the above submissions, the pleas taken by the
petitioners in their application, coupled with the young age of
the petitioner no.2 and also the fact that all the injured persons
detailed in the FIR sustained simple injuries and also taking note
of fair and clean antecedent of the petitioners, this court is
Patna High Court CR. MISC. No.9090 of 2026(2) dt.25-02-2026
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inclined to grant them the relief of anticipatory bail.
Accordingly, let the petitioners named-above, in the event of
their arrest/surrender before the learned court below within a
period of six weeks from today, be released on anticipatory bail
in connection with Chakand P. S. Case No. 231 of 2025 on
furnishing bail bond of Rs. 20,000/-(Twenty Thousand) each
with two sureties of the like amount each to the satisfaction of
the Court concerned, subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Shailendra Singh, J)
Rajiv/-
U T
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