Disposed¶18

Shilpi Kumari @ Shilpi Mahto v. The State of Bihar

Patna HC17 Oct 2025CR. MISC./41771/2025

Case brief

AI extract

What is this about?

Shilpi Kumari @ Shilpi Mahto; The State of Bihar; Patna High Court; Criminal Miscellaneous No. 41771 of 2025; withdrawal of petition; liberty to agitate afresh; interim protection; no coercive steps; apprehension of arrest; Digha P.S. Case No. 420 of 2024; BNS 2023 sections 61, 103, 109; Arms Act Sections 25(1b)a, 26, 27, 35; Cr.W.J.C. No. 1643 of 2024; A.C.J.M.-XIII Danapur; Rajiv Roy; 17-10-2025.

What did the court decide?

Application disposed of on the petitioner's withdrawal prayer, with liberty granted to agitate the matter afresh if the situation so warrants. ¶18

Shilpi Kumari @ Shilpi Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of on the petitioner's withdrawal prayer, with liberty granted to agitate the matter afresh if the situation so warrants.

¶18

Issue for consideration

Whether, in view of the interim protection already granted by the Coordinate Bench in Cr.W.J.C. No. 1643 of 2024 (wherein the same FIR is under challenge) and the absence of any further hearing, the petitioner may be permitted to withdraw the present application with liberty to agitate the matter afresh if the situation so warrants.

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Court's answer

This Court proceeded on the footing that an interim protection had already been granted to the petitioner and that no further hearing had taken place in the parallel challenge to the FIR.

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Ratio / Principle

On that basis, the Court disposed of Cr. Misc. No. 41771 of 2025, granting the petitioner liberty to agitate the matter afresh if the situation so warrants.

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Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), order dated 17-10-2025 in Criminal Miscellaneous No. 41771 of 2025, arising out of Digha P.S. Case No. 420 of 2024 (offences under sections 61, 103, 109 of the BNS, 2023 and Sections 25(1b)a, 26, 27 and 35 of the Arms Act). The petitioner, apprehending arrest, showed that the same FIR stands challenged in Cr.W.J.C. No. 1643 of 2024 (Shilpi Kumari @Shilpi Mahto Vs. State of Bihar & Ors.), in which the Coordinate Bench, by order dated 06.09.2024, had issued notice to opposite party no. 6 and granted interim protection directing that till the next date of hearing no coercive steps be taken against her; no further hearing has since taken place in that matter. Incorporating paragraphs 6 and 7 of that order and acting on learned counsel's prayer for withdrawal, the Court disposed of the present application, granting liberty to the petitioner to agitate the matter afresh if the situation so warrants. The reproduced paragraphs record the Coordinate Bench's directions and are not findings of this Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41771 of 2025

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Arising Out of PS. Case No.-420 Year-2024 Thana- DIGHA District- Patna

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======================================================

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Shilpi Kumari @ Shilpi Mahto W/o Late Deepak Mahto Resident of Mithila Colony, Nasriganj, PS- Danapur, District- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Suraj Samdarshi, Adv. Mr. Avinash Shekhar, Adv. For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 17-10-2025

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Heard Mr. Suraj Samdarshi, learned counsel for the petitioner and the State.

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The petitioner apprehends his arrest in connection with Digha P.S. Case No. 420 of 2024 for the offence registered under sections 61, 103, 109 of the BNS, 2023 and Section 25(1b)a, 26, 27 and 35 of the Arms Act.

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At the outset, learned counsel for the petitioner has taken this Court to the order dated 06.09.2024 passed by the Coordinate Bench in Cr.W.J.C. No. 1643 of 2024 (Shilpi Kumari @Shilpi Mahto Vs. State of Bihar & Ors.) to show that the FIR in question (Digha P.S. Case No. 420 of 2024) has been challenged in which while issuing notice to the opposite party no. 6, interim protection was granted to the petitioner.

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His submission is that in that background, for the

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Patna High Court CR. MISC. No.41771 of 2025(3) dt.17-10-2025 2/2

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present, he may be permitted to withdraw the petition with liberty to agitate the matter afresh if situation so warrant.

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This Court would like to incorporate the order dated 06.09.2024, specially paragraph 6 and 7 which read as follows:

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Since a prima facie case is made out in favour of the petitioner, it is directed that till the next date of hearing, no coercive steps be taken against the petitioner pursuant to the said first information report in connection with Digha P.S. Case No. 420 of 2024 pending in the Court of learned A.C.J.M.-XIII, Danapur, Patna.

¶17

Put up this matter immediately after service of notice.

¶18

Considering the aforesaid facts, since an interim protection has already been granted to the petitioner and no further hearing has taken place, in that background, granting liberty to the petitioner to agitate the matter afresh, if situation so warrant, the present Cr. Misc. No. 41771 of 2025 is disposed of.

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Vijay Singh/-

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U T

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(Rajiv Roy, J)

Shilpi Kumari @ Shilpi Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shilpi Kumari @ Shilpi Mahto v. The State of Bihar

Case brief

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What the court decided

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