Patna High Court
Urmila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner, subject to a bond and verification of criminal antecedent.
Summary
The Patna High Court considered a pre‑arrest bail application filed by Urmila Devi, who was alleged to have instigated an assault under several sections of the Bihar Negotiable Statutes. The FIR named co‑accused Ambuj Mishra and Anand Mishra as the principal assailants, and the petitioner claimed she was falsely implicated and has a clean record. The State opposed the bail, arguing the seriousness of the offences. The Court examined the specific allegations, noted that the charge of assault was directed at the co‑accused, and held that the petitioner, being a female with no prior record, is entitled to pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and verification of any other criminal antecedent. The order is conditional on Section 438(2) Cr.P.C. and Section 482(2) BNSS and will lapse if the petitioner is found involved in other cases.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 438 of the Cr.P.C. despite the seriousness of the offences.
- Whether the allegations in the FIR specifically implicate the petitioner or are limited to the co‑accused.
- Whether the petitioner’s gender and clean antecedent justify the grant of bail.
- Whether the bail order should be made conditional on verification of any other criminal antecedent.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 126(2), 3(5), 351
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- pre‑arrest bail
- female petitioner
- assault
- false implication
- bail conditions
- criminal antecedent
- Section 438 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10092 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- SAHPUR District- Bhojpur
======================================================
Urmila Devi Wife of Anand Kumar Mishra Resident of Village- Banahi, P.S.-
Shahpur, Distrtict- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bibhakar Tiwary, Advocate.
For the Opposite Party/s : Mr.Binod Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Shahpur P.S. Case No. 306 of 2025 registered for the
offence punishable under Sections 126 (2), 115(2), 351, 109 and
3(5) of the BNS.
3. As per the allegation made in the F.I.R., at the
instigation of the petitioner and her daughter, co-accused Ambuj
Mishra and Anand Mishra assaulted the victim Chandan Kumar
Pandey by means of iron and khanti causing injury.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is a female and she is
innocent. She has falsely been implicated in the case. The
allegation alleged against her is general and omnibus. Specific
allegation of assault is against co-accused Ambuj Mishra and
Patna High Court CR. MISC. No.10092 of 2026(2) dt.12-03-2026
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Anand Mishra. Petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., specific allegation of assault is against co-accused
Ambuj Mishra and Anand Mishra, the petitioner, above named,
is directed to be released on pre-arrest bail, in the event of her
arrest or surrender before the Court below within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to the
satisfaction of the learned District Court where the case is
pending in connection with Shahpur P.S. Case No. 306 of 2025,
subject to the condition as laid down under Section 438(2)
Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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