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Patna High Court

Smt. Lalo Devi @ Lalo deviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) of the CrPC.

Summary

Smt. Lalo Devi, a woman with a clean record, feared arrest in a case involving offences under Sections 147, 148, 149, 385, 387, 427, 504, 506 and 307 of the IPC and Section 27 of the Arms Act. The FIR alleges that on 3 September 2023, an informant and a companion were on a plot of land when a large group of accused, including the petitioner, allegedly attacked them, damaged a motorcycle, demolished a structure with a JCB and demanded Rs. 50 lakh. The petitioner contends she has been falsely implicated and that the allegations are vague and omnibus. She applied for anticipatory bail under Section 438 of the CrPC, citing her gender and clean antecedents. The State opposed the bail. The Court, considering the petitioner's submission and her status as a woman, granted anticipatory bail, directing her to surrender within six weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2).

Issues considered

  • Whether anticipatory bail under Section 438 CrPC should be granted to the petitioner given the nature of the allegations and her status as a woman.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC offences
  • Arms Act
  • false implication
  • women
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.121 of 2026
                      Arising Out of PS. Case No.-861 Year-2023 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Smt. Lalo Devi @ Lalo devi W/O Shri Pawan Mahto R/O Mohalla- Chhoti
                 Pahari, P.S.- Agamkuan, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepak Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends her arrest in a case registered

                   for the offences punishable under Sections 147, 148, 149, 385,

                   387, 427, 504, 506 and 307 of the Indian Penal Code as well as

                   Section 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   the informant alleges that he and Naushad Ahmad looks after a

                   piece of land that belongs to Chandan Kumar. It is next alleged

                   that on 03.09.2023 informant and Naushad came on the plot

                   with their motorcycle and were sitting in a room constructed on

                   the land when all of a sudden they heard sound of firing and

                   when they peeped outside, they saw the named accused persons
Patna High Court CR. MISC. No.121 of 2026(2) dt.18-02-2026
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          including the petitioner and many female along with 40-50

          unknown accused rushing towards them and were firing on

          account of which a ruckus was created and the accused persons

          damaged the bike of the informant and also demolished the

          walls of the room and boundary by using a JCB machine and

          demanded extortion of Rs.50 Lakhs, accordingly, the informant

          called the police by making a call on 112, thereafter the accused

          persons fled with the JCB.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations, as alleged in the FIR, it would manifest that

          allegation against the petitioner is general and omnibus in

          nature. It is also submitted that Pawan Mahto had approached

          this Court seeking anticipatory bail by filing Criminal

          Miscellaneous No.60756 of 2024 and the same came to be

          allowed by an order dated 01.10.2024.

                       5. Learned APP opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner and taking into consideration the fact

          that petitioner is a woman, let petitioner, above-named, in the
               Patna High Court CR. MISC. No.121 of 2026(2) dt.18-02-2026
                                                           3/3




                         event of her arrest or surrender within a period of six weeks

                         from today, be released on bail on furnishing bail bond of

                         Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of learned Additional Chief

                         Judicial Magistrate-IV, Patna City in connection with Agamkuan

                         P.S. Case No.861 of 2023, subject to the conditions as laid down

                         under Section 438(2) of the Cr.P.C.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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