Sako Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4908 of 2026 Arising Out of PS. Case No.-445 Year-2025 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.
Sako Devi S/o- Sandesh Chauhan Resident Of Village- Purnadih PsMuffasil District- Nawada 2.
Gorelal Chauhan @ Gore Chauhan S/o- Radhey Chauhan Resident Of Village- Purnadih Ps- Muffasil District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-02-2026 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Muffasil P.S. Case No. 445 of 2025, lodged on 17.10.2025, under Sections 126(2)/115(2)/109/117(2)/3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, the FIR has been lodged against six named accused persons including the present petitioners. The allegation of assaulting by iron rod is upon
Patna High Court CR. MISC. No.4908 of 2026(2) dt.04-02-2026 2/3 petitioner No.2 whereas against petitioner No.1 also there is an allegation to kill the daughter of the informant.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that the allegations made in the FIR are general and omnibus. Counsel submits that petitioner No.1 is female and antecedent of the petitioners are clean. They are resident of same village and ready to fulfill all the conditions whatsoever shall be imposed upon them.
5. Learned APP for the State opposes the prayer for bail of the petitioners but submits that the allegation against petitioner No.2 that he has assaulted the son of the informant by iron rod and the rejection order indicates that the said injury which has been made upon the son, namely, Rajendra Kumar, is grievous in nature but he fairly submits that in the rejection order the description of case and counter case is there.
6. In the present facts and circumstances that there is specific allegation of assault on the head of the son of the informant by iron rod against petitioner No.2, which is grievous in nature, this Court is not inclined to grant anticipatory bail to petitioner No.2 Gorelal Chauhan @ Gore Chauhan. Hence, his prayer for anticipatory bail is hereby refused.
Patna High Court CR. MISC. No.4908 of 2026(2) dt.04-02-2026 3/3
7. In the present facts and circumstances of this case, let petitioner No.1 Sako Devi be released on anticipatory bail, in the event of arrest or surrender before the learned Court below 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 A.C.J.M. 1st, Nawada, in connection with Muffasil P.S. Case No. 445 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
8. And further condition that the Trial Court shall verify the criminal antecedent of the petitioner No.1 and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the Trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.
(Dr. Anshuman, J) Mkr./- U T