Patna High Court
Smt. Lalo Devi @ Lalo deviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 307, 385, 387, 427, 504, 506
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
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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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