Patna High Court
Neelam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Petitioners Neelam Devi and Raja Sah sought anticipatory bail fearing arrest in a case registered under IPC sections 147, 149, 353, 431, 504 and 114. They argued they have clean antecedents, were not named in the FIR and were only identified later during investigation, and that the allegations of creating a ruckus and pelting stones at police vehicles were vague. The State opposed the bail. The Court considered the submissions, noted the lack of direct naming in the FIR and the general nature of the accusations, and granted anticipatory bail subject to a bail bond of Rs.10,000 each with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order directs that the bail be released if the petitioners are arrested or surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C.
- Whether the allegations in the FIR are sufficient to deny anticipatory bail.
- Whether the petitioners' clean antecedent and non‑naming in the FIR warrant bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 114, 147, 149, 353, 431, 504
Subjects
- anticipatory bail
- IPC
- Section 147
- Section 149
- Section 353
- Section 431
- Section 504
- Section 114
- clean antecedent
- FIR
- stone pelting
- temple shift
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9432 of 2026
Arising Out of PS. Case No.-226 Year-2023 Thana- SINGHESHWAR District- Madhepura
======================================================
1. Neelam Devi W/O Raja Sah @ Raj Kumar Sah R/O Vill. - Kalwara, Ward
No - 12, P.S. - Singheshwar, Dist. - Madhepura
2. Raja Sah @ Raj Kumar Sah @ Raj Kumar S/O Late Saryug Sah R/O Vill. -
Kalwara, Ward No. -12, P.S - Singheshwar, Dist. - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 147, 149,
353, 431, 504 and 114 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.
1 is a woman and the informant alleges that accused persons
created ruckus on the pretext that a temple was being shifted
and also pelted stones on the police vehicles.
4. Learned counsel for the petitioners submits that
petitioners are not named in the FIR and the name of the
petitioners transpired during the course of investigation. It is
Patna High Court CR. MISC. No.9432 of 2026(2) dt.26-03-2026
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further submitted that allegation of creating ruckus and pelting
stones is general and omnibus in nature.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners, above-named, in
the event of their arrest or surrender within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/Successor Court in
connection with Singheshwar P.S. Case No. 226 of 2023,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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