Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail may be granted when the petitioner is not expressly named in the FIR, the only incriminating material is inadmissible, and she has no prior criminal record, subject to reasonable conditions.
Summary
The petitioner, Rita Devi, sought anticipatory bail fearing arrest in a case (PS 185/2025) involving alleged ransom‑related conspiracy, shooting, and the death of an informant’s daughter. The FIR named five accused and several unknown persons under sections 103(1), 61(2), 308(2), 352 and 3(5) of the Bihar Negotiable Sale Act, 2023 and Section 27 of the Arms Act. The petitioner, a lady and sister‑in‑law of the informant, was not named in the FIR; her alleged involvement emerged only from a co‑accused’s confessional statement, which is inadmissible. She has no criminal antecedents. The court, noting the lack of direct accusation, her gender, and clean record, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and a requirement to surrender within four weeks, invoking Sections 438(2) of the CrPC and 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail under Section 438 of the CrPC can be granted to the petitioner who is not named in the FIR and whose alleged involvement is based solely on an inadmissible confessional statement.
Legislation cited
- Arms Act — s. 27
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Negotiable Sale Act
- Arms Act
- confessional statement
- gender considerations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25553 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- PURAINI District- Madhepura
======================================================
Rita Devi, W/o- Late Ajay Kumar Sah R/v- Hansdah City Road, Hansdah Ps-
Sadar Purnea Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Puraini P.S. Case no. 185 of 2025 registered
under Sections 103(1), 61(2), 308(2), 352 and 3(5) of BNS,
2023 and Section 27 of the Arms Act.
3. As per prosecution case, due to non-fulfillment
of demand of ransom, the F.I.R. named accused persons along
with 7-8 unknown persons hatched conspiracy and on
19.09.2025, they entered the shop of informant and fired upon
him which hit his daughter due to which she died during the
course of treatment.
4. Learned counsel for the petitioner submits that it
Patna High Court CR. MISC. No.25553 of 2026(2) dt.30-04-2026
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would be apparent from the FIR itself that as many as five
persons have been named along with 7-8 unknown persons in
causing death of the daughter of the informant. It is further
submitted that so far as the petitioner is concerned she is a lady
and she has not been named in the FIR. It is further submitted
that the name of the petitioner has transpired only during course
of investigation in the confessional statement of co-accused
which is not admissible in the evidence. Petitioner has no
criminal antecedent.
5. The application for anticipatory bail is opposed
by learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that the
petitioner is a lady, not named in the first information report and
also happens to be the sister-in-law of the informant, in the
event of her arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Puraini P.S. Case no. 185 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court concerned where the case is pending/Successor Court,
subject to the condition laid down under Section 438(2) of the
Patna High Court CR. MISC. No.25553 of 2026(2) dt.30-04-2026
3/3
Code of Criminal Procedure/Section 482(2) of the B.N.S.S,
2023.
(Soni Shrivastava, J)
khushbu/-
U T
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