Patna High Court
RAJALI DEVIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to surrender, bail bond, sureties and conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Rajali Devi, a 70‑year‑old woman, applied for anticipatory bail fearing arrest in a case (PS‑311/2025) alleging that she and others, armed with pistols, attacked the son of an informant, causing chest injuries. The prosecution charged her under multiple sections of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, alleging she was part of the mob that fired at the victim. The petitioner contended she was merely a member of the mob, had no overt act, no criminal antecedent, and was falsely implicated. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Court, invoking its inherent powers under Section 482(2) of the B.N.S., ordered that the petitioner be released on bail upon surrendering within four weeks, furnishing a bail bond of Rs 10,000 with two sureties, and complying with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged under the B.N.S. and the Arms Act.
- Whether the petitioner’s alleged participation in the armed assault constitutes an overt act justifying denial of bail.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- Arms Act
- offence under B.N.S.
- elderly accused
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23713 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Rajali Devi Wife of Rajendra Sahani Resident of Village - Banarjhula,
Bhagwanpur, P.S.- Piprakothi, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shamir Mehra, Advocate
For the Opposite Party/s : Mr.Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending her arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 329(3), 126(2), 115(2), 118(1), 109, 103(1), 125(b)
and 117(2) of B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with others being armed with weapon arrived at
the door of the informant. It is further alleged that Shivraj Sahni,
Nawal Sahni, Sikandar Sahni and Praveen Sahni who are armed
with pistol and they have fired upon the son of the informant,
namely, Ajay Sahni due to which he sustained injuries in his
chest.
Patna High Court CR. MISC. No.23713 of 2026(2) dt.08-05-2026
2/2
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. Petitioner is 70 years old lady and she
has falsely been implicated in this case. She is merely a member
of mob. There is no allegation of any overt act against her. She
has got no criminal antecedent.
5.Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of her arrest or surrender
in connection with Pakridayal P.S. Case No. 311 of 2025, she
will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Additional Chief Judicial
Magistrate-8, Motihari, East Chamapran, subject to the
conditions as laid down under section 482 (2) of the B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.