Pawan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47296 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== Pawan Devi W/o Raj Kumar Jha Resident of ward no 8, Baharampur, Naipur, P.S- Mansurchak, Distt.- Begusarai, at present vill - Saraunagar, P.S. - Bachwara, Distt.- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard Learned Counsel for the petitioner 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 "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends his arrest in connection with Bachwara P.S. Case No.66 of 2025 lodged on 04.03.2025, for the offences punishable under Sections 115(2), 127(1), 118(2), 109 and 3(5) of the BNS, (earlier u/s 323, 340, 326, 307 and 34 of the IPC).

3. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioner with allegation that all accused persons duly weaponed, have

Patna High Court CR. MISC. No.47296 of 2025(2) dt.30-07-2025 2/3 surrounded the nephew of the informant and assaulted by iron rod and desi pistol brutally.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that in the FIR, there is specifically no allegation against the petitioner either any act or overt act save and except his name is there.

5. Counsel submits that the criminal antecedent of the petitioner is clean and she is aged about 51 years and for the same date and place of occurrence, there is another FIR has been lodged by the petitioner which is attached vide AnnexureP/2 of the bail petition.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is no specific allegation against the petitioner in the FIR.

7. As such, in the present facts and circumstances of this case, let the above named petitioner 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) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Begusarai, in connection with Bachwara

Patna High Court CR. MISC. No.47296 of 2025(2) dt.30-07-2025 3/3 P.S. Case No.66 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T