Patna High Court
Asha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, Asha Devi and Namita Kumari, were implicated in a case (Bikramganj PS Case No. 835 of 2025) alleging assault on an informant and theft of money and jewellery. They claimed innocence, asserting that the allegations were vague and that they have clean antecedents. The State opposed their bail application, citing the offences under the Bihar Nagarik Suraksha Act. The Court noted that the alleged assault did not cause grievous injury and that the petitioners are women with no prior criminal record. Consequently, the Court granted anticipatory bail under Section 438 of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, subject to standard conditions and verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the pending charges.
- Whether the nature of the alleged offences and the petitioners' clean antecedent justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 Bharatiya Nagarik Suraksha Sanhita
- women defendants
- clean antecedent
- assault
- theft
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16919 of 2026
Arising Out of PS. Case No.-835 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
1. Asha Devi Wife of Suresh Pasi Resident of Village - Mahabirganj Tola
(Jonhi), Police Station - Bikramganj, District - Rohtas
2. Namita Kumari Daughter of Suresh Pasi Resident of Village - Mahabirganj
Tola (Jonhi), Police Station - Bikramganj, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramashray Roy
For the Opposite Party/s : Mr.Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Bikramganj P.S. Case No. 835 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 118(1), 109,
303(2), 352, 351(2), 3(5) of BNS.
3. On 14.12.2025 at about 12:30 PM, the informant
was attacked by Suresh Pasi and his family when he asked them
to clear a road blocked under the influence of alcohol. The
accused persons including the petitioners assaulted him with
lathi, danda, rod, etc., causing serious injuries. Further, they
snatched ₹6,250 and a gold chain from the informant.
Patna High Court CR. MISC. No.16919 of 2026(2) dt.25-03-2026
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4. The learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated.
possession. They are the ladies of clean antecedent. The
allegation against them is general and omnibus.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the fact that both the petitioners are
ladies and do not have any criminal antecedent and also that the
allegation of assault has not resulted in any greivous injury, I am
inclined to grant privilege of anticipatory bail to the petitioners.
7. Let the petitioners, as named above, in the event of
their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Additional Chief Judicial Magistrate
1st, Bikramganj, Rohtas in connection with Bikramganj P.S.
Case No. 835 of 2025, subject to the conditions laid down under
section 438(2) of the Code of Criminal Procedure/Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
subject to further condition that :-
(i) The petitioners shall co-operate in the
investigation/ trial.
Patna High Court CR. MISC. No.16919 of 2026(2) dt.25-03-2026
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(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioners and in case it is found
that the petitioners have concealed their criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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