Created by Fuzzy Cloud

Patna High Court

Urmila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                      2/2




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.