Created by Fuzzy Cloud

Patna High Court

Anita DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail petition is rejected as the petitioner already has regular bail and there is no occasion to entertain a fresh anticipatory bail application.

Summary

Anita Devi was charged under multiple IPC offences, including an aggravated section 307 added after the FIR. She initially sought anticipatory bail, which was denied, and later surrendered, receiving provisional bail until the charge‑sheet was filed. The charge‑sheet was filed on 8‑Dec‑2022, causing the provisional bail to lapse, and she failed to appear when summoned on 26‑Mar‑2025, leading to a non‑bailable warrant. She again applied for anticipatory bail, arguing that the matter was compromised, while the State contended she already had regular bail and was absconding. The High Court noted the existence of regular bail and the compromise, and consequently rejected the anticipatory bail petition.

Issues considered

  • Can anticipatory bail be granted when the petitioner has already been released on regular bail after surrender?
  • Does the addition of an aggravated offence (IPC s.307) affect the grant of anticipatory bail?
  • What is the effect of a non‑bailable warrant and alleged absconding on the grant of anticipatory bail?

Legislation cited

  • Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 325, 341, 354(A), 354(B), 379, 504, 506

Subjects

  • anticipatory bail
  • regular bail
  • provisional bail
  • IPC
  • section 307
  • non‑bailable warrant
  • absconding
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27061 of 2026
                   Arising Out of PS. Case No.-158 Year-2020 Thana- KESARIA District- East Champaran
                 ======================================================
                 Anita Devi W/o Anil Prasad @ Anil Kumar R/o Village - Rajpur Tola,
                 Ganeshpur, P.S - Kesariya, District - East Champaran
                                                                             ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Shankar Shrivastava, Advocate
                 For the Opposite Party/s :       Mr.Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   28-04-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending her arrest in connection with Trial No. 3548/2025

                   arising out of Kesariya P.S. Case No. 158 of 2020 registered for

                   the offences punishable under Sections 147, 148, 149, 341, 325,

                   323, 324, 379, 354(A)(B), 504, 506 of the Indian Penal Code

                   and added section 307 of the I.P.C.

                             3. As per FIR, the accused persons including the

                   petitioner alleged to assault the informant and his family

                   members causing grievous injury, where the occurrence took

                   place on the basis of suspicion that wife and sister of the

                   informant were involved in learning black magic.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that initially the petitioner moved before this High
Patna High Court CR. MISC. No.27061 of 2026(2) dt.28-04-2026
                                            2/4




          Court for grant of anticipatory bail which was rejected through

          Cr. Misc. No. 8459 of 2021 dated 13.08.2021, whereafter

          petitioner filed surrender-cum-bail petition before the learned

          trial court, where she was granted provisional bail till

          submission of charge-sheet vide order dated 23.08.2021, and on

          same very day, her bail bond was accepted provisionally till

          submission of charge-sheet. It is pointed out that provisional

          bail was co-terminus with submission of charge-sheet and,

          therefore, when on 08.12.2022, the charge-sheet was submitted,

          the aforesaid provisional bail expired suo motu in terms of order

          dated 23.08.2021 of the trial court.

                   5. In this context, it is further submitted by learned

          counsel for the petitioner that petitioner was granted provisional

          bail on 22.08.2021, whereas the aggravated section of the

          offence punishable under section 307 of the IPC has already

          been added with FIR on 10.08.2021 i.e. prior to the provisional

          bail, suggesting that the learned trial court considering the

          involvement of the petitioner qua aggravated offence under

          section 307 IPC also considered to release her on provisional

          bail.

                   6. It appears from perusal of record that learned trial

          court took cognizance for the offences punishable under section
Patna High Court CR. MISC. No.27061 of 2026(2) dt.28-04-2026
                                            3/4




          307 of the IPC against the petitioner vide its order dated

          11.12.2024 and issued summon against petitioner to appear by

          fixing date on 26.03.2025, but on the same very day the

          petitioner was not present before the court and consequent upon,

          NBW was issued against the petitioner.

                   7. In aforesaid background, it is further submitted by

          learned counsel appearing for the petitioner that aforesaid order

          of learned jurisdictional Magistrate/trial court dated 26.03.2025

          was challenged before this Court through Cr. Misc. No.

          59078/2025 dated 31.03.2026, wherein the operation of the

          order was stayed by this High Court, but learned counsel fairly

          conceded that the petition of this petitioner was dismissed as

          withdrawn.

                   8.    Learned counsel relied upon the legal report of

          Hon’ble Supreme Court as available through Sumit Vs. State of

          U.P. & Anr. reported in 2026 INSC 145.

                   9.     While concluding argument, it is submitted by

          learned counsel for the petitioner that the matter now

          compromised between the parties and in support of his

          submission, he has drawn attention of this Court towards

          Annexure ‘7’ of the petition.

                   10. Learned A.P.P. for the State, while opposing the
           Patna High Court CR. MISC. No.27061 of 2026(2) dt.28-04-2026
                                                       4/4




                     prayer of anticipatory bail of the petitioner, submitted that

                     petitioner was granted provisional bail on surrender and it was

                     till submission of charge-sheet, whereafter the petitioner failed

                     to appear on the date fixed before the learned trial court and

                     instead of surrendering before the court, petitioner is absconding

                     from the court proceeding.

                              11.    In view of aforesaid factual submission and by

                     taking note of the fact as petitioner has already granted regular

                     bail upon surrender, there is no occasion arising subsequently to

                     entertain the anticipatory bail with same police case,

                     accordingly, the prayer of anticipatory bail of the petitioner

                     stands rejected with observation that the learned trial court,

                     positively on same very date on which the petitioner

                     surrenders before it, may consider the prayer of her bail for the

                     following reason:

                                  (i) As the petitioner is a lady and was on provisional
                                  bail and while her provisional bail was considered by
                                  the learned trial court, by that time, the offence
                                  punishable under section 307 of the IPC was already
                                  added in FIR, as discussed aforesaid; and
                                  (ii) The matters appears compromised in view of
                                  Annexure ‘7’ of the bail petition.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.