Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
The Court declined to grant pre‑arrest bail and disposed the application.
Summary
Shanti Devi applied for pre‑arrest bail in a case registered under several sections of the Bihar Narcotic Substances Act and the Dowry Prohibition Act. The High Court examined the seriousness of the allegations recorded in the FIR. The Court was not persuaded to grant pre‑arrest bail, noting the nature of the offences. However, the Court directed the petitioner to surrender before the District Court and apply for regular bail, citing that the petitioner’s son, a co‑accused, had been granted regular bail by a coordinate bench. The application for pre‑arrest bail was therefore disposed without any order of bail.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner in the present case?
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 126(2), 3(5), 61(2), 80, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- pre‑arrest bail
- regular bail
- Dowry Prohibition Act
- Bihar Narcotic Substances Act
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22888 of 2026
Arising Out of PS. Case No.-275 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
Shanti Devi W/O- Shiv Pujan Sah @ Shiva Pijan Sah R/O Vill- Shyampur,
P.S.- Adapur, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Eashita Raj, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-05-2026 Heard Mrs. Eashita Raj, learned counsel appearing
on behalf of the petitioner and Mr. Humayou Ahmad Khan,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Adapur P.S. Case No. 275 of 2025 registered for the
offence punishable under Sections 115(2), 126(2), 80, 61(2), 85,
3(5) of the BNS and Sections 3/4 of the Dowry Prohibition Act.
3. Considering the nature of allegation made in the
FIR, I am not inclined to enlarge the petitioner on pre-arrest
bail.
4. However, the petitioner, if so advised, may
surrender before the learned District Court and seek regular bail.
In that case, the learned District Court may consider to dispose
the bail application of the petitioner on the same day and pass
Patna High Court CR. MISC. No.22888 of 2026(2) dt.08-05-2026
2/2
reasoned order considering that son of the petitioner (co-
accused) has been granted regular bail by a coordinate Bench of
this Court vide order dated 08.04.2026 passed in Criminal
Miscellaneous No. 22808 of 2026.
5. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U
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