Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS.
Summary
The petitioner, Geeta Devi, sought anticipatory bail fearing arrest in connection with FIR No.57 of 2025 that alleged offences under multiple sections of the B.N.S. The FIR named nine accused, including the petitioner, but the allegation against her was limited to allegedly tearing the informant's blouse, which the petitioner argued was not specific. The State opposed the bail, contending the seriousness of the charges. The Court examined the nature of the allegation, the lack of specificity against the petitioner, and the provisions of Section 482(2) of the BNSS governing anticipatory bail. Finding that the case was suitable for anticipatory bail, the Court ordered that the petitioner be released on bail upon surrender within six weeks, subject to a bail bond of Rs.20,000 with two sureties. The order was conditioned on compliance with the statutory requirements for anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR containing serious charges.
- Whether the allegation against the petitioner is sufficiently specific to warrant denial of bail.
- Whether the conditions under Section 482(2) of the BNSS for granting anticipatory bail are satisfied.
Legislation cited
Subjects
- anticipatory bail
- FIR
- Section 482
- Criminal Procedure Code
- Bihar
- bail bond
- sureties
- specific allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16069 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- Aaosi District- Madhubani
======================================================
Geeta Devi, wife of Laxmi Sharma @ Lakshmi Sharma @ Lasmi Sharma
Resident of vill -Babhangawan PS- Aunsi District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Bhushan Prasad, Adv.
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 01-04-2026 Heard the parties.
2. The petitioner apprehends her arrest in connection
with Aunsi P. S. Case No. 57 of 2025 registered for the offences
punishable under Sections 329(4), 126(2), 115(2), 118(1), 352,
351(3), 76, 109(1), 303(2) and 3(5) of the B.N.S.
3. Learned counsel for the petitioner submits that the
petitioner is a lady and the FIR has been registered against nine
accused persons including the petitioner who are family
members. Though, there are some serious allegations in the FIR
but the same have been specifically attributed to the co-accused
persons by naming them and so far as the present petitioner is
concerned, she is simply alleged to have torn the blouse of the
informant which is also against co-accused Kavita Kumari and
accordingly, the said allegation is not specific against this
Patna High Court CR. MISC. No.16069 of 2026(2) dt.01-04-2026
2/2
petitioner.
4. Learned APP for the State opposes the bail prayer
of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with the nature of allegation against this
petitioner, in my opinion, it is a fit case for grant of anticipatory
bail to the petitioner, Accordingly, let the petitioner named-
above, in the event of her arrest/surrender before the learned
court below within a period of six weeks from today, be
released on anticipatory bail in connection with Aunsi P. S. Case
No. 57 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to
the satisfaction of the Court concerned, subject to the conditions
as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
Rajiv/-
U T
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