Patna High Court
Savitri Devi @ Shyamvati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court allowed the bail petition, granting bail on the stipulated conditions.
Summary
The petitioners, Savitri Devi, Manita Kumari and Sangita Kumari, sought bail fearing arrest in a case (PS Dalsingh Sarai Case No. 205 of 2025) alleging they administered poison to an informant, offences under Sections 126(2), 115(2), 109(1) and 3(5) of the B.N.S., 2023. They contended they were falsely implicated, that the informant suffered from dysentery, and that a family compromise had been reached. The State opposed the bail, arguing the seriousness of the charges. The Court noted that the petitioners had not previously applied for anticipatory or regular bail and had no criminal antecedents, and, applying Section 482(2) of the B.N.S.S., 2023, granted bail on condition of a Rs.10,000 bond with two sureties each, subject to cancellation if criminal antecedents or false statements were discovered. The order directed the petitioners to surrender within eight weeks if arrested, and imposed conditions for revocation of bail.
Issues considered
- Whether bail can be granted to the petitioners pending arrest in a case involving alleged poisoning offences
- Whether the petitioners are entitled to anticipatory bail despite not having filed earlier applications
- Whether the absence of criminal antecedents and the claim of a family compromise justify bail
- Whether conditions under Section 482(2) of the B.N.S.S., 2023 may be imposed on the bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 482(2)
Subjects
- bail
- anticipatory bail
- Section 482
- B.N.S.
- poisoning offence
- criminal antecedents
- family compromise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16360 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- DALSINGHSARAI District- Samastipur
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1. Savitri Devi @ Shyamvati Devi Wife of Lalo Rai Resident Of Village -
Keota Kagpur PS- Dalsing Sarai District- Samastipur
2. Manita Kumari @ Mangita Kumari Daughter of Lalo Rai Resident Of
Village - Keota Kagpur PS- Dalsing Sarai District- Samastipur
3. Sangita Kumari Daughter of Lalo Rai Resident Of Village - Keota Kagpur
P.S- Dalsing Sarai District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha, Advocate
For the State : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Dalsingh Sarai P.S. Case No. 205 of 2025 dated 10.06.2025,
registered for the offences punishable under Sections 126(2),
115(2), 109(1) and 3(5) of B.N.S., 2023.
3. As per allegation, there was altercation between the
informant and the accused persons and as per further allegation,
the accused persons, including the petitioners, administered
poison to the informant.
Patna High Court CR. MISC. No.16360 of 2026(2) dt.25-03-2026
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4. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that there is no symptom of
administration of poison to the informant. As a matter of fact,
the informant was suffering from dysentery. He also submits
that compromise has taken place between the informant and the
accused persons settling their family disputes.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the
prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioners above-named,
to be enlarged on bail, in the event of their arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on their
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Concerned Court below, in connection
Patna High Court CR. MISC. No.16360 of 2026(2) dt.25-03-2026
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with Dalsingh Sarai P.S. Case No. 205 of 2025, subject to the
conditions as laid down under Section 482 (2) B.N.S.S., 2023
and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J)
shoaib/-
U T
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