Patna High Court
Seema DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 126(2), 132, 238, 3(5), 482(2)
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
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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
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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
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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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