Patna High Court

Tetri DeviversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioner subject to stipulated conditions.

Summary

Tetri Devi, the petitioner, was named in FIR No. 489 of 2025 for alleged involvement in the assault and death of an informant's brother and the alleged theft of a gold chain. She contended that the FIR merely listed her at the end with a minor allegation of snatching a chain and that she has no prior criminal record. The State opposed her anticipatory bail application. The Court examined the allegations, noting the absence of any charge of assault against her and the nature of the alleged theft. Considering these facts, the Court granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on surrender within four weeks and compliance with Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S.
Whether the allegations against the petitioner justify denial of anticipatory bail
Whether the petitioner’s lack of prior criminal antecedent influences the grant of bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Criminal Procedure Code
Bihar Negotiable Statutes
Section 438
Section 482
murder
assault
theft
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.25912 of 2026
                       Arising Out of PS. Case No.-489 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Tetri Devi Wife of Rupesh Yadav Resident of Village- Bihiyain, P.S.-
                 Waziganj, District- Gaya Ji
                                                                     ... ... Petitioner/s
                                              Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Sharma, Sr. Advocate
                                                  Mr. Rakesh Kumar Sharma, Advocate
                                                  Mr. Mayank Raj, Advocate
                                                  Mr. Rahul Singh, Advocate
                                                  Mr. Adarsh Prasar, Advocate
                 For the State            :       Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   24-04-2026                    Heard Mr. Ramakant Sharma, learned senior counsel for

                   the petitioner and learned Additional Public Prosecutor for the State.

                                  2. The petitioner is apprehending her arrest in connection

                   with Wazirganj P.S. Case No. 489 of 2025 in a case registered for the

                   offence punishable under Sections 191(2), 191(3), 190, 126, 115(2),

                   103(1), 303(2), 352, 351(2) of the BNS.

                                  3. As per the prosecution case, all the accused persons

                   including this petitioner, assaulted the informant’s brother with iron

                   rod due to which he died. It is further alleged that the petitioner along

                   with some other co-accused persons, snatched gold chain from the

                   neck of the informant’s brother (deceased).

                                  4. Learned senior counsel for the petitioner submits that it

                   would be evident from the first information report itself that as many

                   as 19 persons have been made accused in the present case and there
             Patna High Court CR. MISC. No.25912 of 2026(2) dt.24-04-2026
                                                         2/2




                       are general and omnibus allegations on about 14 persons of

                       indiscriminately assaulting the deceased by means of iron rod, khanti

                       etc. So far as, the present petitioner is concerned, her name appears at

                       the fag end of the first information report, with the allegation of

                       snatching away chain which is barely ornamental in nature. The

                       petitioner has no criminal antecedent.

                                    5. Learned APP for the State has opposed the application

                       for anticipatory bail.

                                    6. Taking into consideration the facts and circumstances

                       and also considering the fact that there is no allegation of any assault

                       made upon the petitioner, let the above named petitioner, in the event

                       of her arrest or surrender before the learned Court below within a

                       period of four weeks from today, 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 the learned court below

                       where the case is pending/successor court in connection with

                       Wazirganj P.S. Case No. 489 of 2025, subject to the condition as laid

                       down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.



                                                 (Soni Shrivastava, J)
priyanka/-

U      T

Continue reading with your account

Checking your session…