Patna High Court
Munni Devi @ Munni Kumai DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed by the court.
Summary
Munni Devi, a 58‑year‑old woman, was implicated in a case (PS 103/2025) alleging assault on an informant's son with bricks, charged under several sections of the B.N.S. She contended that the allegations were vague, she was falsely implicated, and she had a clean criminal record. The State opposed her request for anticipatory bail. The court examined the lack of specific allegations against her and her clean antecedent, and considered the statutory provisions governing anticipatory bail. It granted anticipatory bail under Section 438(2) of the CrPC read with Section 482(2) of the B.N.S.S., imposing conditions such as surety bonds, presence in court, and possible cancellation for non‑compliance. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations and her criminal antecedent.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- false implication
- criminal antecedent
- assault
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2577 of 2026
Arising Out of PS. Case No.-103 Year-2025 Thana- MANSURCHAK District- Begusarai
======================================================
Munni Devi @ Munni Kumai Devi Son Rajniti sah R/o Village -
Mansoorchak, Ward no. 13, P.S. - Mansoorchak, Dist. - Begusarai(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Mansurchak P.S. Case No. 103 of 2025 registered for the
offences under Sections 126(2), 115(2), 109, 352, 351(2) and
3(5) of the B.N.S.
3. As per the prosecution story, the allegation against
the petitioner is that she, along with the other co-accused,
namely, Rajniti Sah, assaulted the son of the informant with
bricks, causing injury to his head.
4. Learned counsel for the petitioner submits that the
petitioner is a lady aged about 58 years and she has falsely been
implicated in the present case. It has further been submitted
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that there are general and omnibus allegations against the two
named accused persons and that no specific allegation has been
levelled against the petitioner. It has next been submitted that
out of the two injuries sustained by the son of the informant,
one was found to be simple in nature and the other one
grievous in nature. It has lastly been submitted that the
petitioner carries a clean antecedent
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Mansurchak P.S.
Case No. 103 of 2025 subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure read
with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
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close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates,
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled
by the Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail
bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds
in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
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8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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