Created by Fuzzy Cloud

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

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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