Patna High Court
Lalmuni Devi @ Bhakoli DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered her release on bail.
Summary
Lalmuni Devi, a 50‑year‑old woman, was implicated in a FIR alleging she, along with co‑accused, abused and assaulted the informant’s family. She contended that the allegations against her were vague, that no specific overt act was ascribed to her, and that she had a clean criminal record. The State opposed her request for pre‑arrest bail. The Court examined the nature of the allegations, noted the absence of specific charges against her, and considered her clean antecedent, concluding that she had made out a prima facie case for bail. Accordingly, the Court ordered that she be released on pre‑arrest bail upon surrender to the District Court within four weeks, subject to a bail bond and sureties, and directed verification of her criminal antecedents.
Issues considered
- Whether a pre‑arrest bail should be granted when the FIR contains general and omnibus allegations without specific overt acts against the accused.
- Whether the accused’s clean antecedent and the existence of a case‑counter‑case scenario justify bail under Section 482(2) of the BNSS.
Legislation cited
- Bihar Negotiable and Security Act — s. 482(2)
- Bihar Penal Code (BNS) — s. 109, 115(2), 117(2), 118(1), 118(2), 126(2), 190, 191(2), 303(2), 308(2), 329(3), 76
Subjects
- pre‑arrest bail
- general allegation
- clean antecedent
- Section 482
- Bihar criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11230 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- VISHNUPAD District- Gaya
======================================================
Lalmuni Devi @ Bhakoli Devi, Female, Aged about 50 years, W/o
Brhamanand Paswan @ Varmanand Paswan, R/o West Ramsagar Tank Chand
Chaura, P.S.- Vishnupad, District- Gaya, 823001
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Ojha, Advocate
Ms. Pratyaksha, Advocate
Mr. Mritunjay Kumar, Advocate
Mr. Kuldeep Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 06-05-2026 Heard Mr. Ajit Kumar Ojha, learned counsel
appearing on behalf of the petitioner and Mr. Arun Kumar
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Vishnupad P.S. Case No. 208 of 2025, registered for the
offence punishable under Sections 191(2), 190, 126(2), 115(2),
118(1), 117(2), 118(2), 329(3), 76, 308(2), 303(2) and 109 of the
BNS.
3. As per the allegation made in the FIR, petitioner
along with other co-accused persons, had abused and assaulted
the informant and his family members causing injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.11230 of 2026(4) dt.06-05-2026
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petitioner submitted that petitioner is innocent and she has
falsely been implicated in the present case. He further submitted
that general and omnibus allegation has been levelled against
the petitioner. Allegation against the petitioner is that she had
abused the wife of the informant. No specific allegation of
assault or any overt act is alleged against the petitioner. There is
case and counter case between the parties. Petitioner has clean
antecedent. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that general and omnibus
allegation has been levelled against the petitioner. No specific
allegation of any overt act is alleged against the petitioner. There
is case and counter case between the parties. Petitioner has clean
antecedent. I am of the opinion that petitioner has, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.11230 of 2026(4) dt.06-05-2026
3/3
(Rupees 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 Vishnupad P.S. Case No.
208 of 2025, subject to the condition as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
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