Patna High Court
Sabita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail subject to verification of her criminal antecedent.
Summary
Sabita Devi applied for anticipatory bail after being implicated in a case arising from a police raid where a mob assaulted officers. She argued she has a clean antecedent, was not named in the FIR, and was only present at the scene out of curiosity. The State opposed the bail, citing the serious offences under the IPC and Excise Act. The High Court, considering her clean record and lack of direct involvement, granted provisional anticipatory bail on the condition of furnishing bail bonds and verification of any criminal antecedent. The order directs that if any antecedent is discovered, the bail may be withdrawn; otherwise, it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. despite the serious nature of the offences alleged?
- Whether the petitioner’s alleged involvement and the circumstances of the incident justify denial of anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Excise Act — s. 30
- Indian Penal Code — s. 147, 149, 307, 323, 332, 333, 337, 338, 341, 342, 353
Subjects
- anticipatory bail
- Section 438 CrPC
- clean antecedent
- false implication
- provisional bail
- verification of antecedent
- police raid
- assault on police
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2839 of 2026
Arising Out of PS. Case No.-202 Year-2024 Thana- PIRPAINTI District- Bhagalpur
======================================================
Sabita Devi W/o Rajesh Pahariya Resident of Village- Pahariya Tola, P.S.-
Pirpainti, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Manoj Kumar
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Sections 147, 149, 341, 342, 332, 333, 323, 307, 353, 337 and
338 of the I.P.C. and Section 30(d) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that on 08.04.2024 at about 8.30 P.M. he
along with the police force had gone for a raid when 10-20
accused gathered and started creating ruckus and even assaulted
the police personnel with bricks, bows and arrows causing
injuries to constrables.
4. F The learned counsel for the petitioner submits
Patna High Court CR. MISC. No.2839 of 2026(2) dt.28-01-2026
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that petitioner has been falsely implicated in the instant case
during the course of investigation. It is also submitted that
petitioner is not named in the FIR and her name transpired
during the course of investigation. It is also submitted that
petitioner is a resident of a nearby place where the ruckus was
created, as such, out of inquisitiveness, the petitioner came at
the place of occurrence when her name transpired during the
course of investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of her arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on her furnishing bail-bonds in the
sum of Rs.5,000/- (Rupees Five Hundred) with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor Court in connection
with Pirpainti P. S. Case No.202 of 2024, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.2839 of 2026(2) dt.28-01-2026
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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