Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
Rita Devi, a resident of Barchhi Bigha, sought anticipatory bail after the police raided illegal sand mining operations in the West Panchne river area and seized five tractors, one of which she owned. She contended that she merely hired out the tractor and was not involved in its day‑to‑day operation, and she has no prior criminal record. The State opposed the bail, invoking multiple offences under the Bharatiya Nyaya Sanhita, 2023. The Court, noting her gender and clean antecedent, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order is limited to the bail application and does not prejudice the merits of the underlying criminal case.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the allegations under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s gender and lack of criminal antecedent justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 125(a), 125(b), 126(2), 132, 281, 303(2), 317(2), 324(4), 3(5)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal sand mining
- gender consideration
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31809 of 2026
Arising Out of PS. Case No.-75 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Rita Devi W/o- Lakhander Yadav Resident of Village- Barchhi Bigha, P.S.-
Giriyak, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Maruth Nath Roy, Adv.
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 13-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. As prayed, defect(s) is ignored as pointed out by the
Registry.
3. The petitioner is apprehending his arrest in
connection with Giriyak P.S. Case No. 75 of 2025 registered for
the offences punishable under Sections 126(2), 115(2), 281,
125(a), 125(b), 132, 109, 324(4), 303(2), 317(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
4. The allegation is that the police conducted raid
against illegal mining of sand. The police raided in the area of
West Panchne river. Five tractors were found to be illegally
loading sand. Five tractors were seized. Petitioner is the owner
of one of the tractor and trailer bearing Registarion No.
Patna High Court CR. MISC. No.31809 of 2026(2) dt.13-05-2026
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BT21GA5260, Engine No. RHL2EAN0416, Chassis No.
MBNABAEXPHRL00559.
5. Learned counsel for the petitioner submits that she
is a lady and she had hired out the tractor and was not connected
with the actual day to day functioning of the tractor. The
petitioner bears no criminal antecedent.
6. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
7. Considering that the petitioner is a lady and bears
no criminal antecedent, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
8. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M, Nalanda in connection
withGiriyak P.S. Case No. 75 of 2025 , subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
9. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.31809 of 2026(2) dt.13-05-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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