Patna High Court

Atwariya DeviversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was granted to the petitioner under Section 482(2) of the BNSS.

Summary

Atwariya Devi, a 71‑year‑old woman, filed an anticipatory bail application after learning that she might be arrested in connection with a criminal case (PS‑131 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that she was involved in a dispute with a woman who claimed she was abused and suffered abdominal pain, but no specific assault charge was made against the petitioner. The State and the alleged victim’s counsel opposed the bail, arguing the seriousness of the charges. The court considered the petitioner’s advanced age, lack of direct assault allegation, and her claim of innocence. Relying on Section 482(2) of the BNSS, the court granted anticipatory bail subject to a cash bond and surety conditions. The order directs the lower court to release her if arrested within four weeks, subject to the stipulated conditions.

Issues considered

Whether anticipatory bail should be granted to Atwariya Devi under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 despite the pending charges.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 121(2), 126(2), 132, 190, 191(2), 324(2), 351(2), 352, 482(2)

Subjects

anticipatory bail
criminal procedure
Bharatiya Nyaya Sanhita
elderly defendant
bail conditions
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1694 of 2026
                       Arising Out of PS. Case No.-131 Year-2025 Thana- DHANSOI District- Buxar
                 ======================================================
                 Atwariya Devi W/o Mohan Choudhary @ Mohi Choudhary Resident of
                 Village- Samhuta Tarkulwa Dera, P.S.- Dhansoi, District- Buxar.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar Gupta
                 For the Opposite Party/s :       Mr. Yogendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-02-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   alleged victim.

                                2. The learned counsel for the petitioner is permitted

                   to make necessary correction in the name of the husband of the

                   petitioner in course of the day.

                                3. The office is directed to act accordingly and made

                   necessary corrections in the header portion.

                                4. The petitioner apprehends arrest in connection with

                   Dhansoin P.S. Case No. 131 of 2025 registered for offences

                   under Sections 191(2), 190, 126(2), 115(2), 109, 121(2), 132,

                   324(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.

                                5. As per the prosecution case, the informant posted as

                   Circle Officer, Rajpur Block, Buxar went to provide

                   administrative assistance to Shri Chandrakant Rai in farming
Patna High Court CR. MISC. No.1694 of 2026(2) dt.24-02-2026
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          under his legal right. She has further stated in the written report

          that she and the SHO tried a lot to explain, but the women

          started abusing and pushing her as well due to which she got

          pain in her stomach.

                        6. Learned counsel for the petitioner submits that

          petitioner is quite innocent and has not committed any offence.

          He further submits that the petitioner is a 71 years old woman

          and there is no specific allegation of assault against the

          petitioner.

                        7. Learned APP for the State and the learned counsel

          for the alleged victim have vehemently opposed the prayer for

          bail.

                        8. Considering the aforesaid facts and circumstances

          of the case and the fact that the petitioner is a 71 years old

          woman, this application for anticipatory bail stands allowed.

                        9. Accordingly, let the petitioner, above-named, in the

          event of arrest or surrender within four weeks from today in the

          Court below, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

          the like amount each to the satisfaction of learned concerned

          Court below, Buxar in connection with Dhansoin P.S. Case No.

          131 of 2025 subject to the conditions as laid down under
            Patna High Court CR. MISC. No.1694 of 2026(2) dt.24-02-2026
                                                        3/3




                      Section 482(2) of the BNSS.



                                                              (Sandeep Kumar, J)
Shishir/-

U

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