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Patna High Court

Sabitri DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                       2/2




                     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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