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2026 Supreme(Online)(Pat) 3628

PATNA HIGH COURT
Prabhat Kumar Singh, J
Sunita Kumari @ Sunita Devi – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.85840 of 2025 | PS. Case No.-369 Year-2024



Advocates:
For the Appellants/Petitioners: Mr. Vijay Kumar
For the Respondents: Mr. Lalan Kumar

Anticipatory bail can be granted when there is no substantial evidence linking the accused to the offence.

Headnote:This case involves anticipatory bail under Sections 305(a), 331(4) and 3(5) of the B.N.S. The petitioner was accused of theft, with no direct evidence linking her to the crime and no stolen items recovered from her possession. The court found her claim of innocence credible, citing her clean antecedents. The primary issues were whether the accusations were substantial enough to warrant arrest and the evidence against the petitioner. The court reasoned that without concrete evidence, anticipatory bail should be granted. The petitioner's bail was granted conditionally, allowing her to surrender within eight weeks and furnish a bail-bond of Rs. 10,000/-.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 17-01-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 305(a), 331(4) and 3(5) of the B.N.S. .

3. As per prosecution case, informant suspects that all the F.I.R. named accused persons, including this petitioner, committed theft in her house and looted cash, jewellery and other household articles.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Informant is not an eye witness to the occurrence and petitioner has falsely been implicated in this case only on suspicion. Save and except suspicion, there is no material on record to show the complicity of this petitioner in the alleged offence. No stolen articles were recovered from possession of this petitioner. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, fact that no stolen articles were recovered from possession of this petitioner and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-2nd, Sherghati at Gaya in connection with Mohanpur P.S. Case No. 369 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S. S..

(Prabhat Kumar Singh, J)

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