Patna High Court
Pinki DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
Petitioners Pinki Devi and Munna Chauhan applied for anticipatory bail after an FIR alleged they assaulted the informant's wife, causing grievous injuries. The FIR listed offences under Sections 126(2), 115(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, but the petitioners claimed innocence, arguing that the accusations were general and omnibus with no specific overt act attributed to them. They also highlighted their clean antecedent. The State opposed the bail, but the court considered the lack of specific allegations and the petitioners' clean record. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains a general and omnibus accusation without specific allegation against the petitioner
- Whether a clean antecedent of the petitioner warrants the grant of anticipatory bail
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable in granting anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 352
Subjects
- anticipatory bail
- general accusation
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91600 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- Marnga District- Purnia
======================================================
1. Pinki Devi Son of Sadanan Chauhan R/o Village - Baurbana, Ward No. 9,
P.S. - Maranga, Distt - Purnea.
2. Munna Chauhan Son Rajendra Chauhan R/o Village - Baurbana, Ward No.
9, P.S. - Maranga, Distt - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109,
352, 3(5) of the Bharatiya Nyaya Sanhita.
3. It is alleged that all the F.I.R. named accused
persons, including these petitioners, assaulted wife of the
informant due to which she sustained severe injuries. Doctor has
opined the injuries as grievous in nature.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus and there is no
Patna High Court CR. MISC. No.91600 of 2025(2) dt.19-01-2026
2/2
specific allegation of any overt act against these petitioners.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the general and omnibus accusation
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Purnea in connection with Marnga P. S. Case No. 45 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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