Basanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38917 of 2025 Arising Out of PS. Case No.-580 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== 1.
Basanti Devi Wife of Rajesh Paswan R/O Village - Khidarpura,P.S - Kalpa ( Jehanabad) , District - Jehanabad 2.
Rajesh Paswan Son of Bhagera Paswan R/O Village - Khidarpura,P.S - Kalpa ( Jehanabad), District - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2025 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 Jehanabad P.S. Case No. 580 of 2024, lodged on 23.07.2024, under Sections 191(2)/126(2)/115(2)/ 352/ 132/ 121(1)/121(2)/324(2)/109(1)/74 of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against 11 named accused persons and 15 to 20 unknown accused
Patna High Court CR. MISC. No.38917 of 2025(2) dt.25-06-2025 2/3 persons against whom there is an allegation that they have attacked and assaulted the police personnel at the time of executing their lawful duty.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the petitioners are simple villagers and due to brutal action of the police, the villagers opposes but name of petitioners and others have been inserted by the police in which all persons were made accused. He submits that there is one criminal antecedent of the petitioners in which they are on bail. Counsel further submits that petitioner No.1 is a female.
5. Learned APP for the State, on the other hand, opposes the prayer for bail of the petitioners and submits that petitioners are the person having no respect for law and they have attacked on the government officials in performance of official duty, due to which the life and security of the government officials was in danger.
6. In the present facts and circumstances of this case, let petitioner No.1, above named, who is a lady, 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)
Patna High Court CR. MISC. No.38917 of 2025(2) dt.25-06-2025 3/3 as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad P.S. Case No. 580 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
7. So far as petitioner No.2, above named, is concerned, considering the nature of allegation, this Court is not inclined to grant bail to petitioner No.2. Hence, his prayer for anticipatory bail is hereby refused.
(Dr. Anshuman, J) Mkr./- U T