IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56449 of 2026 Arising Out of PS. Case No.-379 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== 1. Gita Devi W/O Shivji Tiwari R/O Village- Tekniwas, P.S- Revilganj, District- Saran at Chapra. 2. Priyanka Devi @ Priyanka @ Priyanka tiwari W/O Priya Ranjan Tiwari @ chhotu tiwari R/O Village- Tekniwas, P.S- Revilganj, District- Saran at Chapra. 3. Sunita Devi W/O Suresh Tiwari R/O Village- Tekniwas, P.S- Revilganj, District- Saran at Chapra. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Chandra Mohan Jha, Advocate For the State : Mr. Jagdhar Prasad, APP For the Informant : Ms. Komal Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant, who appeared suo motu in the present case. 2. The petitioners are apprehending their arrest in connection with Revilganj P.S. Case No. 379 of 2021, dated 28.10.2021, lodged under Sections 302, 387, 379, 504, 506 and 34 of the Indian Penal Code. 3. As per the prosecution, the FIR has been lodged against four named accused persons, excluding the present petitioners, with an allegation that the accused persons came to the shop of the informant and demanded a ransom of Rs. Patna High Court CR. MISC. No.56449 of 2026(2) dt.19-08-2026 2/4 1,00,000/-. Upon being opposed, they assaulted the informant’s father, due to which he died during treatment. There is also an allegation of taking away Rs. 20,000/- from the cash counter of the shop. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that the names of the petitioners were not initially mentioned in the FIR, but subsequently, during investigation, their names have figured. Counsel further submits that the Police arrested two accused persons, against whom charge-sheet has been submitted and cognizance has been taken. After submission of the charge-sheet, the trial commenced, in which they were convicted, and subsequently, they preferred an appeal, which is pending before this Court. Counsel further submits that the Police, in continuation of the investigation, has submitted the final report, in which no case has been made out against the present petitioners. Counsel further submits that he has annexed a copy of the final report as Annexure-2. Counsel further submits that the said final report was submitted by the Police on 29.08.2022, upon which the Trial Court took cognizance on 11.03.2025 against the petitioners, against whom final form had already been submitted. Counsel further submits Patna High Court CR. MISC. No.56449 of 2026(2) dt.19-08-2026 3/4 that after taking cognizance and issuance of summons against them, the cause of action arose for them to file the present anticipatory bail application. Counsel further submits that all the petitioners are female and have been unnecessarily made accused in the present case. Counsel also submits that they are ready to fulfil all the conditions whatsoever may be imposed upon them. 5. Learned counsel for the informant, on the other hand, vehemently opposes the prayer for bail and submits that in the earlier trial, evidence had been recorded and, in the evidence led during the trial, material had come on record against the present petitioners. Therefore, there is a likelihood of punishment being imposed upon the present petitioners. 6. Learned APP for the State also opposes the prayer for bail of the petitioners but fairly submits that the final form has been submitted in favour of the petitioners and, after taking cognizance, a cause of action has arisen for them to seek bail. 7. This Court, upon hearing the parties, finds that the argument of the informant is unknown to law, as the evidence recorded in the earlier trial shall not help the prosecution against the present petitioners in any manner. However, under the BNSS, there is a provision for commencement of trial in Patna High Court CR. MISC. No.56449 of 2026(2) dt.19-08-2026 4/4 absentia of the accused. This provision is one of the specific features of the BNSS, but in the present case, the said provision shall not be applicable. 8. Considering the facts and circumstances of the present case, let the above-named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of J.M. 1st Class, Saran at Chapra, in connection with Revilganj P.S. Case No. 379 of 2021, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. Aman Kumar/- (Dr. Anshuman, J.) U