Chanchala Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Chanchala Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted; petitioner to be enlarged on bail upon arrest/surrender before the court below within eight weeks on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Biharsharif, Nalanda, in connection with Laheri P.S. Case No. 379 of 2024, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Laheri P.S. Case No. 379 of 2024 registered for offences punishable under Sections 126(2), 115(2), 303(2), 109(2), 3(5) of the Bharatiya Nyaya Sanhita, is entitled to anticipatory bail.

Court's answer

Anticipatory bail is allowed: considering the backdrop of the case, nature of accusation, injury and clean antecedent, the petitioner is to be enlarged on bail upon arrest/surrender before the court below within eight weeks, on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Biharsharif, Nalanda, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail allowed (Prabhat Kumar Singh, J) to a woman petitioner apprehending arrest in Laheri P.S. Case No. 379 of 2024 (P.S. Laherimuhalla, District Nalanda), registered for offences punishable under Sections 126(2), 115(2), 303(2), 109(2), 3(5) of the Bharatiya Nyaya Sanhita, arising from an FIR alleging that the accused persons, including the petitioner, assaulted the informant's nephew and snatched his mobile phone. Counsel urged that the allegations were general and omnibus with no specific overt act against the petitioner, the injury was simple, she had clean antecedents, and similarly situated co-accused had been granted anticipatory bail vide order dated 20.02.2025 in Cr. Misc. No. 7637 of 2025. Considering the backdrop of the case, nature of accusation, injury and clean antecedent, the Court directed enlargement on bail upon arrest/surrender within eight weeks on a bail-bond of Rs. 10,000/- with two like sureties to the satisfaction of the Chief Judicial Magistrate, Biharsharif, Nalanda, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77202 of 2025

Arising Out of PS. Case No.-379 Year-2024 Thana- LAHERIMUHALLA District- Nalanda

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

Chanchala Devi Wife of Shyamdeo Prasad Resident of Village-Horil Bigha, P.S.- Noorsarai, District- Nalanda

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Md. Ataur Rahman, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 16-01-2026

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 303(2), 109(2), 3(5) of the Bharatiya Nyaya Sanhita.

As per F.I.R., on the alleged date and time of occurrence, all the accused persons named in the F.I.R., including petitioner, assaulted nephew of informant and also snatched his mobile phone.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Allegation of assault is general and omnibus and there is no specific allegation of any overt act against petitioner. Injury sustained by the injured is simple in nature. It is further submitted that similarly situated co-accused persons have already been granted

Patna High Court CR. MISC. No.77202 of 2025(2) dt.16-01-2026 2/2

anticipatory bail by this Hon’ble Court vide order dated 20.02.2025 passed in Cr. Misc. No. 7637 of 2025. Petitioner is lady and claims clean antecedent.

Learned A.P.P. for the State vehemently opposed the bail application.

Considering backdrop of the case, nature of accusation, injury and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of eight weeks from today, 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 Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Laheri P. S. Case No. 379 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

Navya/-

U T