IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42812 of 2025 Arising Out of PS. Case No.-98 Year-2025 Thana- BASANTPUR District- Siwan ====================================================== 1. Kiran Devi @ Kiran Kumari W/O Shiv Kumar R/O Village- Basantpur, P.O- Basantpur, P.S- Basantpur, Distt.- Siwan. 2. Anita Devi W/O Rabi Kumar R/O Village- Basantpur, P.O- Basantpur, P.S- Basantpur, Distt.- Siwan. 3. Manju Devi W/O Mahadev Sah R/O Village- Basantpur, P.O- Basantpur, P.S- Basantpur, Distt.- Siwan. 4. Sunita Devi W/O Sankar Sah R/O Village- Basantpur, P.O- Basantpur, P.S- Basantpur, Distt.- Siwan. 5. Kanhaiya Sah S/O Late Ram Sagar Sah R/O Village- Basantpur, P.O- Basantpur, P.S- Basantpur, Distt.- Siwan. 6. Dharmendra Kumar @ Dhmendra Kumar S/O Late Krishna Sah R/O Village- Basantpur, P.O- Basantpur, P.S- Basantpur, Distt.- Siwan. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 16-07-2025 Heard Mr. Vijay Kumar, learned counsel appearing on behalf of the petitioners and Mr. Nitya Nand Tiwary, learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in connection with Basantpur P.S. Case No. 98 of 2025 registered under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. As per the allegation made in the FIR, all the Patna High Court CR. MISC. No.42812 of 2025(2) dt.16-07-2025 2/3 accused persons, including the petitioners, entered into the house of the informant with lathi, danda, iron rod and axe and assaulted her and her family members and snatched a gold chain and Rs.99,500/-. 4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have falsely implicated in the present case. There is neither any specific allegation against the petitioners nor any case has been made out against them. The allegation leveled against the petitioners is general and omnibus in nature. The petitioners have clean antecedent. On these grounds, the petitioners seek to be released on pre-arrest bail. 5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. 6. Considering the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, I find that the allegation leveled against the petitioners is general and omnibus in nature, the petitioners having clean antecedent, I am of the opinion that the petitioners have, prima facie, made out a case to be released on anticipatory bail. 7. The learned District Court is directed to release the petitioners on anticipatory bail, in the event of their arrest or Patna High Court CR. MISC. No.42812 of 2025(2) dt.16-07-2025 3/3 surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Siwan/ successor Court in connection with Basantpur P.S. Case No. 98 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S. 8. The learned District Court is directed to verify the criminal antecedent of the petitioners, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners, as what has been stated in paragraph no. 3, this order will lose its force automatically. Ashishsingh/- (Purnendu Singh, J) U T