Patna High Court
Sabitry DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner with conditions and imposed a notional cost on the counsel for the procedural lapse.
Summary
The petitioner, Sabitry Devi, filed an anticipatory bail application after the names of two other petitioners were mistakenly deleted without proper permission. The court noted that the deletion was an unintentional error by counsel and, under Rule 7(iv)(v) of the Patna High Court Rules, such corrections require approval, which was not obtained. The court imposed a notional cost of Rs. 500 on the counsel as a reminder to exercise caution and directed administrative measures to prevent similar mistakes. The substantive bail application concerned alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, arising from a dispute involving alleged abuse and theft. Considering the petitioner’s age, gender, clean antecedent, and the general nature of the accusations, the court granted anticipatory bail with a bond of Rs. 30,000 and specific conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the anticipatory bail application can proceed despite the procedural defect of deleting co‑petitioners without permission.
- Whether the counsel should be penalised for the procedural mistake.
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nagrik Suraksha Sanhita, 2023 given the nature of the allegations.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(3), 352
Subjects
- anticipatory bail
- procedural defect
- notional cost
- counsel misconduct
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Patna High Court Rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10473 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- JAYRAMPUR District- Sheikhpura
======================================================
Sabitry Devi W/o Masudan Chaudhary R/o Vill. and P.O And P.S - Jairampur,
District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Learned counsel for the petitioner submits that the
present application is for anticipatory bail in which, in the
original filing, there were three petitioners. However, when
defects were pointed out by the Stamp Reporter, the counsel for
the petitioner deleted the names of petitioner nos. 1 and 3 from
the application. As a result, after stamp reporting, the Registry
proceeded with the anticipatory bail application only on behalf
of petitioner no. 2.
3. It is further submitted that the said deletion was an
unintentional mistake committed by the learned counsel in good
faith, as he had received information from the pairvikar that
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petitioner nos. 1 and 3 had already been arrested.
4. As per Rule 7 (iv)(v) of Chapter IIIA of the Rules
of the Patna High Court, after filing of a case, any defect or
correction can be made only with the permission of the
Lawazima Board or the designated officer. In the present case,
no such permission was obtained by the learned counsel either
from the Lawazima Board or from the designated officer before
making the aforesaid correction.
5. Learned counsel for the petitioner submits that he
undertakes that such a mistake shall not occur in future.
6. Considering the aforesaid facts, and only by way of
reminder to the learned counsel to exercise greater caution in
future, this Court imposes a notional cost of Rs. 500/- upon the
learned counsel, which shall be deposited with the Patna High
Court Legal Services Committee.
7. The Registrar (List) is directed to look into the
matter and ensure that such mistakes do not occur in future at
the level of either the Stamp Reporter or the Stamp Reporting
Section. He is further directed to ensure that the concerned
Stamp Reporter shall work for one additional hour beyond
office hours, without any extra payment, for the next seven
days, for the purpose of compiling and placing on record all the
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defects in S.R. Section.
8. Learned counsel for the petitioner submits that he is
pursuing his bail application only with respect to petitioner no. 2
who is apprehending his arrest in connection with Jairampur
P.S. Case No. 85/2025 lodged on 26.11.2025, for the offences
punishable under sections 126(2), 115(2), 109(1), 303(2), 352,
351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
9. As per the prosecution case, the F.I.R. has been
lodged against five named accused persons including the present
petitioner. There are allegations of abuse, scuffling and
snatching of a gold chain.
10. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is further
submitted that the accusations against the petitioner are not
specific; rather, they are general and omnibus in nature. Learned
counsel further submits that the petitioner is a lady aged about
44 years and that the petitioner and the informant are adjacent
neighbours. It is also submitted that the antecedent of the
petitioner is clean. Further, there is a case and counter-case
between the parties.
11. Learned APP for the State opposes the prayer for
bail but fairly submits that the petitioner is a lady and the
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allegations against her are general and omnibus in nature.
12. In the facts and circumstances, let the above
named petitioner be released on bail, in the event of arrest or
surrender before the Trial Court within a period of four weeks
from today, on furnishing bail bond of ₹30000/- (thirty
thousand) as mentioned in Section 2(1) (d) of the Bharatiya
Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned
Judicial Magistrate, 1st Class, Sheikhpura, in connection with
the aforementioned case, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
2023 with further condition that one of the bailor should be the
family member of the petitioner who shall provide official
document to show his bona fide.
(Dr. Anshuman, J)
Ashwini/-
U T
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