Patna High Court

Pratima Devi @ Pratibha DeviversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

Pre‑arrest bail was granted as no specific allegation was levelled against the petitioner.

Summary

The petitioner, Pratima Devi, sought pre‑arrest bail in a case where a mob allegedly attacked a police vehicle transporting a doctor and his family. The FIR named 11 persons and 20‑25 unnamed individuals, but the petitioner was not named nor any specific act attributed to her. The petitioner’s counsel argued that there was no allegation or overt act against her, asserting her innocence. The State opposed the bail, but the court noted the absence of any specific charge against the petitioner. Consequently, the court granted pre‑arrest bail subject to a Rs.10,000 bond, two sureties, and verification of the petitioner’s criminal antecedents, with the order lapsing if involvement in other cases is discovered.

Issues considered

Whether pre‑arrest bail can be granted when the petitioner is not named in the FIR and no specific allegation is made against her.

Legislation cited

Bihar Negotiable Statutes (BNS) — s. 115(2), 121(1), 121(2), 126, 132, 190, 191(2), 191(3), 324(4), 351(2), 352

Subjects

pre‑arrest bail
FIR
no specific allegation
Section 482
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11941 of 2026
                     Arising Out of PS. Case No.-176 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Pratima Devi @ Pratibha Devi S/o Tapeshwar Paswan R/o Vill- Bahuara
                 Baranti, P.S.- Rajapakar, District- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr.Ayushi Gupta, Advocate
                                                  Mr.Deepak Prakash, Advocate
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   12-03-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                 2. Petitioner seeks pre-arrest bail in connection with

                   Rajapakar P.S.Case No.176 of 2025 registered for the offences

                   punishable under Sections 191(2), 191(3), 190, 126, 115(2),

                   132, 121(1), 121(2), 324(4), 352, 351(2) of BNS.

                                3. As per the allegation made in the FIR, 11 FIR

                   named persons along with 20-25 unnamed surrounded                              the

                   Police Vehicle whereby Dr. Dwala and his family members were

                   being taken to Sadar Hospital, Hajipur and thrashed them with

                   sticks and stones. It is alleged that in the said incident some

                   Police officials also sustained injury and the police vehicle was
Patna High Court CR. MISC. No.11941 of 2026(2) dt.12-03-2026
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          badly damaged.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is innocent and she has

          not committed any offence. No specific allegation or overtact is

          against the petitioner. She is not named in the FIR.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail to the petitioner.

                       6. Having considered the rival submissions made on

          behalf of the parties, as well as, considering the fact that no

          specific allegation has been levelled against the petitioner, the

          petitioner is directed to be released on pre-arrest bail, in the

          event of his arrest or surrender before the learned district court

          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 learned CJM, Vaishali at

          Hajipur/concerned court, in connection with Rajapakar P.S.Case

          No.176 of 2025, subject to              conditions as laid down under

          Section 482(2) of BNSS of 2023.

                       7. The learned 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 paragraph No.3 of the bail application, this order will
            Patna High Court CR. MISC. No.11941 of 2026(2) dt.12-03-2026
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                      automatically lose its force.



                                                (Purnendu Singh, J)
chn/-

U       T

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