Shanti Devi @ Shavitri Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Shanti Devi @ Shavitri Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: upon arrest/surrender within eight weeks, to be enlarged on bail on a bail bond of Rs.10,000/- each with two sureties of the like amount each before the Additional Chief Judicial Magistrate VI, Danapur, Patna, in Naubatpur Police Station Case No. 526/2025, subject to the conditions under section 482 BNSS, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in Naubatpur P.S. Case No. 526/2025 registered for offences under sections 126(2), 115(2), 109, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, are entitled to anticipatory bail.

Court's answer

Prayer for bail allowed: in the event of arrest or surrender within eight weeks, the petitioners are to be enlarged on bail on furnishing a bail bond of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the Additional Chief Judicial Magistrate VI, Danapur, Patna, in Naubatpur Police Station Case No. 526/2025, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail (S.482 BNSS, 2023) — Allowed. Two petitioners apprehending arrest in Naubatpur P.S. Case No. 526/2025 (Dist. Patna), registered under sections 126(2), 115(2), 109, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 arising from a marpit over drainage of dirty water involving brick-batting and iron-rod assault on the informant's family, were granted pre-arrest bail. Counsel for the petitioners urged that the allegations were general and omnibus, with no specific overt act attributed to them, that the injuries caused were simple, and that the petitioners had clean antecedents; the State opposed. Held: on arrest/surrender within eight weeks, the petitioners to be enlarged on bail on furnishing a bail bond of Rs.10,000/- each with two sureties of the like amount each before the Additional Chief Judicial Magistrate VI, Danapur, Patna, subject to the conditions laid down under section 482 BNSS, 2023. (Prabhat Kumar Singh, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3979 of 2026

Arising Out of PS. Case No.-526 Year-2025 Thana- NAUBATPUR District- Patna

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Shanti Devi @ Shavitri Devi Wife of Santosh Saw R/o Village - Rauniya, P.S. - Naubatpur, Dist. - Patna.

Sunita Devi W/o Awadesh Saw R/o Village - Rauniya, P.S. - Naubatpur, Dist. - Patna.

... ... Petitioner/s

Versus The State of Bihar ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kundan Kumar Singh, Advocate For the Opposite Party/s : Mr.Surendra Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 03-02-2026 Heard learned counsel for the parties.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 109, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

As per FIR, dispute over drainage of dirty water led to marpit in which petitioners and other accused persons resorted to bricks batting and assault on the family members of informant with iron rod causing them injuries.

Learned counsel appearing for the petitioners submits that allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. Rest of the allegations are ornamental in nature. Injuries caused by these petitioners are simple in nature. Petitioners claim clean antecedent.

Learned counsel for the State opposes the prayer

for bail.

Considering the facts of the case, prayer for bail of

Patna High Court CR. MISC. No.3979 of 2026(2) dt.03-02-2026 2/2

these petitioners is allowed. In the event of arrest/surrender within a period of eight weeks from today, let these petitioners, named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate VI, Danapur, Patna in Naubatpur Police Station Case No. 526/2025, subject to the conditions laid down under section 482 Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

shashi/-

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