Patna High Court
Mehrun Nisha @ Mairun NishaversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
The court allowed anticipatory bail for petitioner 1 but rejected it for petitioner 2, directing the trial court to entertain a surrender‑cum‑bail application for the latter.
Summary
The petitioners, a cook and her husband, sought anticipatory bail in connection with a FIR alleging they placed a snake in food served under the Mid-Day Meal Scheme, invoking sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners argued they were innocent, that the meal was supplied by an NGO and not prepared in the school, and that no eyewitness testified to their involvement. The State opposed bail, emphasizing the direct allegation of conspiracy to endanger children. The Court, applying Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, granted bail to the female petitioner with a bond and conditions, but denied bail to her husband, directing the trial court to consider his surrender‑cum‑bail promptly. The order reflects a partial grant of anticipatory bail based on the nature of the allegations and the petitioners' circumstances.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nagrik Suraksha Sanhita, 2023.
- Whether the alleged conduct of placing a snake in the Mid-Day Meal constitutes a cognizable offence justifying denial of bail.
- Whether the cook can be held liable for food prepared by an external NGO.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 120B, 272, 273, 307, 328, 34, 384, 420
Subjects
- anticipatory bail
- bail
- mid‑day meal scheme
- conspiracy
- Bharatiya Nagrik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26895 of 2026
Arising Out of PS. Case No.-144 Year-2023 Thana- JOGBANI District- Araria
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1. Mehrun Nisha @ Mairun Nisha W/O Murtaza Resident of Village- Amauna,
P.S- Jogbani, District- Araria.
2. Murtaza @ Md. Murtaza S/O Md. Amsul Resident of Village- Amauna, P.S-
Jogbani, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gopichand Yadav S/O Late Mahantu Yadav R/O Village- Kursakata, Hatta
Bakhri Ward No. 10, P.S- Kursakata, Distt.- Araria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anamul Haque, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners who apprehend arrest in connection
with Jogbani P.S. Case No. 144 of 2023 lodged on 06.06.2023,
for the offences punishable under sections 328, 384, 307, 420,
120B, 272, 273, 34 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged
against two named accused persons. It is alleged therein that
petitioner no. 1, who is a cook in the school, and petitioner no.
2, her husband, in furtherance of a conspiracy, had kept a snake
in the food being prepared and distributed to the children under
Patna High Court CR. MISC. No.26895 of 2026(2) dt.22-04-2026
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the Mid-Day Meal Scheme.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. It is
contended that the petitioners are, in fact, victims of the present
case and have been made scapegoats at the instance of one Gopi
Chand, under whose supervision the Mid-Day Meal is supplied
through an NGO. It is further submitted that there is no
eyewitness who has seen the petitioners placing a snake in the
meal. The Mid-Day Meal is not prepared in the school; rather, it
is supplied by the concerned NGO, and the cook of the school is
only required to serve the meal to the students. Since the meal is
not prepared in the school, the cooks cannot be held responsible
for the same. Moreover, the antecedents of the petitioners are
clean.
5. Learned APP for the State opposes the prayer for
bail and submits that there is a direct allegation against the
petitioners of having, in furtherance of a conspiracy, placed a
snake in the meal served to the students.
6. Consider that petitioner no.1 is a lady, let she be
released on bail, in the event of her arrest or surrender before the
Trial Court within a period of four weeks from today, on
furnishing bail bond of ₹30,000/- (Rupees Thirty Thousand
Patna High Court CR. MISC. No.26895 of 2026(2) dt.22-04-2026
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only), as mentioned in Section 2(1)(d) of the Bharatiya Nagrik
Suraksha Sanhita, 2023, to the satisfaction of the learned CJM,
Araria, in connection with the aforementioned case, subject
to the conditions as laid down under Section 482(2) of the
Bharatiya Nagrik Suraksha Sanhita, 2023.
7. But, considering the nature of allegation levelled in
the FIR, this Court is not inclined to grant bail to petitioner
No.2. Accordingly, the prayer for bail of the petitioner no. 2 in
connection with the aforementioned case is hereby rejected.
8. However, if the he surrenders before the Trial Court
within six weeks from today, the Trial Court is directed to pass
an order on his surrender-cum-bail application on the same day,
without being prejudiced by the fact that the his anticipatory bail
has been rejected by this Court.
(Dr. Anshuman, J)
Ashwini/-
U T
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