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Patna High Court

Sabitry DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.10473 of 2026(2) dt.12-03-2026
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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
Patna High Court CR. MISC. No.10473 of 2026(2) dt.12-03-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.10473 of 2026(2) dt.12-03-2026
                                                        4/4




                      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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