Kanti Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Kanti Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioners Kanti Devi and Wakil Rai to be released on bail in the event of their arrest or surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, in connection with Muffasil P.S. Case No. 434 of 2025, subject to conditions under Section 438(2) Cr.P.C. / Section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Mufassil P.S. Case No. 434 of 2025 registered for offences punishable under Sections 126(2), 115(2), 109(1), 76, 303(2), 352, 351(2) and 3(5) of the B.N.S., are entitled to be released on anticipatory bail.

Court's answer

Anticipatory bail granted on the grounds that the petitioners are not named in the First Information Report and that co-accused Vijay Yadav has already been granted bail by a Co-ordinate Bench of this Court.

Ratio / Principle

Petitioners directed to be released on bail in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of the order.

Key takeaways

Release on bail conditioned upon furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand).ratio¶20
Bail to be furnished with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, in connection with Muffasil P.S. Case No. 434 of 2025.ratio¶22
Bail granted subject to the conditions laid down under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.ratio

Detailed headnote1 paragraphs

Anticipatory bail granted. The Patna High Court (Smt. Justice Soni Shrivastava) allowed the application of petitioners Kanti Devi and Wakil Rai, who apprehended arrest in Mufassil P.S. Case No. 434 of 2025 (Thana Motihari Mufassil, District East Champaran) registered for offences punishable under Sections 126(2), 115(2), 109(1), 76, 303(2), 352, 351(2) and 3(5) of the B.N.S., arising from an allegation that the petitioners along with other co-accused assaulted the informant and his family members. The Court granted bail taking into consideration that the petitioners were not named in the First Information Report and that co-accused Vijay Yadav had already been granted bail by a Co-ordinate Bench of the Court vide order dated 03.12.2025 in Cr. Misc. No. 82377 of 2025. Petitioners directed to be released on bail in the event of arrest or surrender within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. / Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Counsel for the petitioners had submitted that the petitioners are a lady and an 80-year-old man whose names transpired during investigation merely on suspicion, that the FIR was lodged after a delay of two days with general and omnibus allegations, and that the grievous injury suffered by injured Pramod Yadav was not authored by the petitioners; the learned APP opposed the prayer on the basis of the FIR allegations.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25881 of 2026

Arising Out of PS. Case No.-434 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran

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

Kanti Devi W/o Vijay Yadav R/o Village - Laxmipur, P.S - Mufassil, District - East Champaran Motihari

Wakil Rai S/o Gugul Rai R/o Village - Laxmipur, P.S - Mufassil, District - East Champaran Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Dhandev Kumar, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 24-04-2026

Heard learned counsel for the petitioners and learned

A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109(1), 76, 303(2), 352, 351(2) and 3(5) of the B.N.S.

The allegation in the First Information Report is that the petitioners along with other co-accused persons have assaulted the informant and his family members.

Learned counsel for the petitioners submits that the petitioners, who are a lady and a 80 year old man, have not been named in the First Information Report and their name has transpired during the course of investigation merely on

Patna High Court CR. MISC. No.25881 of 2026(2) dt.24-04-2026 2/3

suspicion. It has been submitted that the FIR was lodged after a delay of two days and yet these petitioners were not named in the same. The allegations made in the FIR are general and omnibus in nature and the specific allegations have also been made upon other accused persons. The injuries suffered by one of the injured Pramod yadav is said to be grievous in nature, however, the petitioners are not the author of the said injury. It has further been submitted that co-accused, namely, Vijay Yadav has already been granted the privilege of bail by a Co-ordinate Bench of this Court vide order dated 03.12.2025 passed in Cr. Misc. No. 82377 of 2025.

Learned APP for the State opposed the prayer for anticipatory bail on the basis of allegations made in the First Information Report.

Taking into consideration the facts and circumstances and considering the fact that the petitioners are not named in the First Information Report and one of the coaccused has been granted the privilege of bail by a Co-ordinate Bench of this Court, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.25881 of 2026(2) dt.24-04-2026 3/3

with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Muffasil P.S. Case No. 434 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Soni Shrivastava, J)

anand/-

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