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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24326 of 2025 Arising Out of PS. Case No.-697 Year-2024 Thana- AMARPUR District- Banka ======================================================
1. Gauri Devi W/o Arun Singh Resident of Vill- Salempur, P.S- Amarpur, Distt- Banka
2. Kaushalya Devi W/o Mahesh Prasad Singh R/o Vill- Salempur, P.S.- Amarpur, Dist- Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Dhananjay Kumar Pandey, Advocate For the State : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 09-07-2025 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 offence under Sections 126(2), 115(2), 109(1), 74, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. As per the prosecution case, it is alleged that on 12.09.2024, all the F.I.R. named accused persons, including these petitioners, abused and assaulted informant Mina Devi by means of axe, khanti and lathi. During course of assault, co- accused Chhote Lal Singh and Mahesh Singh gave axe blow on the head of informant. 4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.24326 of 2025(2) dt.09-07-2025 2/3 petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against co-accused Chhote Lal Singh and Mahesh Singh. So far as these petitioner is concerned, there are general and omnibus nature of accusation. Similarly situated co-accused person, namely Poonam Devi, has already been granted the privilege of anticipatory bail by this Hon’ble Court vide order dated 13.02.2025 passed in Cr. Misc. No. 4983 of
2025. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to these petitioners. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to these petitioners is allowed. 7. Accordingly, let the above named petitioners, in the event of arrest/surrender within a period of eight weeks from today, be enlarged 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 learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No.
Patna High Court CR. MISC. No.24326 of 2025(2) dt.09-07-2025 3/3 697 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. shashank/- (Prabhat Kumar Singh, J) U T