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Patna High Court

Malti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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