Patna High Court
Sabitri DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court disposed of the pre‑arrest bail application and directed the District Court to pass a regular bail order without prejudice.
Summary
The petitioner, Sabitri Devi, applied for pre‑arrest bail in a criminal case (PS‑Case No. 340/2024) alleging offences under Sections 80(2), 238 and 3(5) of the BNS. The High Court noted that a co‑accused had been acquitted by the Sessions Court in order 383 of 2025. Considering the FIR allegations and the acquittal, the Court directed the District Court to grant regular bail on the same day the application is filed, without any prejudice from the High Court’s observations or the earlier acquittal order. The High Court therefore disposed of the pre‑arrest bail application and remitted the matter to the District Court for appropriate relief. The order emphasizes prompt disposal and adherence to procedural law.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the FIR allegations under the BNS.
- Whether the acquittal of a co‑accused in a related Sessions trial influences the grant of bail.
Legislation cited
- BNS — s. 238, 3(5), 80(2)
Subjects
- pre‑arrest bail
- regular bail
- acquittal
- district court
- high court
- criminal procedure
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3569 of 2026
Arising Out of PS. Case No.-340 Year-2024 Thana- KAKO District- Jehanabad
======================================================
Sabitri Devi W/o- Subedar Yadav R/v- Bara Tola Kotiya Ps- Bhelawar Dist-
Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-02-2026 Heard Mr. Birendra Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Anil Kumar, learned APP for
the State.
2. The petitioner seeks pre-arrest bail in connection
with Kako (Bhelawar) P.S. Case No. 340/2024 registered for the
offence(s) punishable under Sections 80(2), 238, 3(5) of the
BNS.
3. Considering the allegation made in the FIR, as well
as, the fact that other co-accused has been acquitted vide order
dated 12.12.2025 passed in Sessions Trial No.383 of 2025, the
petitioner, who is the mother- in- law of the deceased, if so
advised, may seek regular bail before the learned District Court.
4. The learned District Court is directed to pass a
necessary order, in accordance with law, on the basis of
Patna High Court CR. MISC. No.3569 of 2026(2) dt.06-02-2026
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materials available on record, on the same day, the bail
application is filed, without any further delay and without being
prejudiced by any observation made by this Court or by the
order dated 12.12.2025 passed in Sessions Trial No.383 of 2025.
5. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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