Kushami devi @ Kusami Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Kushami devi @ Kusami Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest/surrender within eight weeks, petitioner to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Govindganj P.S. Case No. 444 of 2020, subject to conditions under Section 482(2) B.N.S.S.

Issue for consideration

Whether the petitioner, who apprehends arrest in a case registered for offences punishable under Sections 143, 342, 307, 323 and 379 IPC (Govindganj P.S. Case No. 444 of 2020), should be granted anticipatory bail.

Court's answer

Considering the facts and circumstances of the case and the general and omnibus nature of the accusation, the prayer for grant of anticipatory bail to the petitioner is allowed.

Ratio / Principle

In the event of arrest or surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions laid down under Section 482(2) B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory Bail — Patna High Court (Prabhat Kumar Singh, J.) allows the prayer of the petitioner apprehending arrest in Govindganj P.S. Case No. 444 of 2020, registered for offences punishable under Sections 143, 342, 307, 323 and 379 IPC (alleged incident of 25.10.2020 concerning taking away of the informant's fishing net and assault on him). Petitioner was not named in the F.I.R.; her name transpired during investigation and the only material against her was that she was holding the hand of the informant, with no other overt act attributed. The court, considering the facts and circumstances and the general and omnibus nature of the accusation, allowed anticipatory bail: in the event of arrest/surrender within eight weeks, petitioner to be enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., East Champaran, Motihari, subject to conditions under Section 482(2) B.N.S.S. (Order dated 08-04-2026).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19925 of 2026

Arising Out of PS. Case No.-444 Year-2020 Thana- GOVINDGANJ District- East

Champaran

======================================================

Kushami devi @ Kusami Devi Wife of Shambhu Sah Resident of Village - Sareya Pipra, P.S. - Govindganj, District - East Champaran, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar Tiwari, Advocate For the State : Mr. Nirmal Kumar Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 08-04-2026

Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 143, 342, 307, 323 and 379 of the Indian Penal Code.

As per prosecution case, on 25.10.2020 at about 6 PM, informant came to know that his fishing net has been taken away by F.I.R. named accused persons and when he went to the house of the accused persons to ask for the same, he was abused and assaulted.

It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R..

Patna High Court CR. MISC. No.19925 of 2026(2) dt.08-04-2026 2/2

Name of petitioner transpired during investigation and the only material that has come against this petitioner is that she was holding hand of the informant. Save and except the same, there is no other accusation of any overt act against this petitioner.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

Considering the facts and circumstances of the case and general and omnibus nature of accusation, the prayer for grant of anticipatory bail to the petitioner is allowed.

Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Govindganj P.S. Case No. 444 of 2020, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J)

shashank/-

U T