Patna High Court
Malti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, directing release on bail bond with conditions.
Summary
The petitioner, Malti Devi, sought anticipatory bail after being named in FIR No. 133 of 2026 for alleged offences under Sections 126(2), 109(1) and 3(5) of the Bhartiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The FIR alleged that co‑accused Yuvraj Kumar opened fire on the informant, but did not allege any firing by the petitioner, who is Yuvraj's mother and the step‑mother of the informant. The petitioner argued she has a clean antecedent and that the relationship claim was concealed, while the State denied the step‑mother relationship and opposed bail. The Court noted the FIR does not implicate the petitioner in the shooting, considered her clean antecedent, and applied the provisions for anticipatory bail. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. despite being named in the FIR.
- Whether the alleged step‑mother relationship with the informant affects the grant of bail.
- Whether the clean antecedent of the petitioner warrants bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 126(2), 3(5)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- clean antecedent
- FIR
- step‑mother relationship
- criminal procedure
- firearms offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36599 of 2026
Arising Out of PS. Case No.-133 Year-2026 Thana- DANAPUR District- Patna
======================================================
Malti Devi Wife of Late Uday Kumar Yadav R/o Mohalla - Shivpuri, Nahar
Par, Chitkohra, P.S.- Gardanibagh, District - Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Madhukar Anand, Advocate
For the State : Mr.Syed Ehteshamuddin, APP
For the Informant : Mr.Amarnath Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending her arrest in connection with Danapur P.S.
Case No. 133 of 2026 registered for the offences punishable
under Sections 126(2), 109(1) & 3(5) of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’) and section 27 of the
Arms Act.
3. As per FIR, co-accused Yuvraj Kumar @ Yuvi
alleged to open fire upon the informant, where it is apparent
from FIR that the parties are in litigating terms for which
one Title Suit is also pending.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.36599 of 2026(2) dt.16-06-2026
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petitioner submitted that allegation of firing is not available
against this petitioner. It is submitted that petitioner is the
mother of co-accused Yuvraj Kumar @ Yuvi. It is pointed
out that petitioner is the step-mother of the informant and
this fact was concealed. While concluding argument,
learned counsel submitted that petitioner is a lady of clean
antecedent.
5. Learned A.P.P. for the State duly assisted by
learned counsel appearing for the informant, while opposing
the prayer for anticipatory bail of the petitioner, denied any
such relationship qua step mother of the informant, as
submitted aforesaid by learned counsel appearing on behalf
of the petitioner.
6. In view of the aforesaid factual submissions and
by taking note of the fact as FIR negate the allegation of
firing against the petitioner, who is a lady of clean
antecedent, accordingly, above-named petitioner, in the
event of her arrest/surrender within a period of four weeks
from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.36599 of 2026(2) dt.16-06-2026
3/3
of learned Additional Chief Judicial Magistrate–1 st,
Danapur/ concerned court in connection with Danapur P.S.
Case No. 133 of 2026, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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