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Patna High Court

Seema DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the conditions imposed under Section 482(2) of the B.N.S.

Summary

The petitioners, four women from Saraiyan village, sought anticipatory bail after being implicated in a case (Kacchwa P.S. Case No. 181 of 2025) for alleged obstruction of police and other offences under the Bharatiya Nagarik Suraksha Sanhita (B.N.S.). The police narrative described a night patrol that intercepted illegal sand‑laden tractors, after which a crowd of 30‑40 persons, including the petitioners, allegedly prevented the police from approaching the vehicles and abused the officers. The petitioners contended that they were innocent, had no criminal antecedent, and were falsely implicated due to local political motives, with no incriminating material recovered. The State opposed the anticipatory bail, arguing the seriousness of the alleged offences. The Court noted the lack of specific allegations against any individual petitioner and their clean record, and therefore exercised its inherent powers under Section 482(2) of the B.N.S. to grant anticipatory bail subject to conditions. The order directed the petitioners to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties each.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nagarik Suraksha Sanhita.
  • Whether the FIR and material disclose sufficient grounds for arrest of the petitioners.
  • Whether the alleged conduct of the petitioners amounts to obstruction of police under the cited sections.

Legislation cited

Subjects

  • anticipatory bail
  • obstruction of police
  • illegal sand mining
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • political victimisation
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91851 of 2025
                      Arising Out of PS. Case No.-181 Year-2025 Thana- KACCHWA District- Rohtas
                 ======================================================
           1.     Seema Devi W/O Vinod Yadav R/O Village- Saraiyan, P.S.- Kachhawan,
                  Distt.- Rohtas
           2.    Sanju Devi @ Manju Devi W/o Jhariman @ Raj Kumar Yadav R/O Village-
                 Saraiyan, P.S.- Kachhawan, Distt.- Rohtas
           3.    Poonam Devi W/o Pramod Yadav R/O Village- Saraiyan, P.S.- Kachhawan,
                 Distt.- Rohtas
           4.    Munmuna Devi @ Munmun Devi W/o Late Sipahi Singh R/O Village-
                 Saraiyan, P.S.- Kachhawan, Distt.- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ramashray Roy, Adv
                 For the Opposite Party/s :      Mr.Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Kacchwa P.S. Case No. 181 of 2025, registered for the

                   offence punishable under Sections 126(2), 115(2), 132, 238,

                   3(5) of B.N.S.

                                3. The case of the prosecution, in short, as per the

                   informant is that on 30.08.2025, the informant, Sub-Inspector

                   Shambhu Kumar along with armed police personnel, went out

                   on night patrol in a government vehicle. During patrolling at
Patna High Court CR. MISC. No.91851 of 2025(2) dt.15-01-2026
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          around 3:00 AM, the informant received secret information that

          an illegal tractor loaded with sand was coming towards

          Kachhwa village. The informant reached the middle school near

          Saraiya village with the local chowkidar. Three illegal tractors

          loaded with sand were seen approaching from the direction of

          Saraiya village. Upon seeing the police, the drivers of the three

          tractors turned their vehicles around, making a commotion, and

          tried to flee. The informant with the help of the armed police,

          attempted to chase and apprehend them, but the drivers of all

          three tractors managed to escape, abandoning their vehicles.

          When the informant and his armed police personnel approached

          the three tractors, 30-40 unknown persons surrounded the

          tractors and prevented the informant and his team from

          approaching them. The informant informed his senior officer

          and the nearby police stations, and other police personnel from

          Kachhwa Police Station arrived for assistance. As soon as the

          informant and the police force moved towards the tractors, the

          assembled crowd, which included some women, started hurling

          abusive language and became aggressive, attempting to attack

          the police and forcibly preventing them from approaching the

          tractors. During this commotion, some individuals drove away

          with the tractors. The persons obstructing the police in their duty
Patna High Court CR. MISC. No.91851 of 2025(2) dt.15-01-2026
                                            3/4




          were identified by local chowkidar. The accused persons

          obstructed the police in the discharge of their duties.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. The

          petitioners have been falsely implicated in the present case due

          to local politic and ulterior motives. No incriminating materials

          have been recovered from the possession of the petitioners. The

          petitioners have no criminal antecedent.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. From reading of the FIR, it appears that there is

          general allegation against the petitioners for preventing the

          police team from going towards the tractor, engaging the police

          and abusing the police officials. There is no specific allegation

          against any of the petitioners. The petitioners have no criminal

          antecedent. Under these circumstances, this Court is inclined to

          grant privilege of anticipatory bail to the petitioners.

                       7. Let the petitioners, named above, in the event of

          their arrest or surrender before the Court below within four

          weeks from today, be released 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 the learned J.M. 1 st Class cum
              Patna High Court CR. MISC. No.91851 of 2025(2) dt.15-01-2026
                                                          4/4




                        A.M., Bikramganj, Rohtas in connection with Kacchwa P.S.

                        Case No. 181 of 2025, subject to the conditions laid down under

                        section 482(2) of the           Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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