Patna High Court

Nishu Devi @ Nishu KumariversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the seriousness of the alleged offences, anticipatory bail could not be granted.

Summary

The petitioner, Nishu Devi, was implicated in an FIR alleging participation in a violent assault on an informant's family, arson of the informant's house, and administering poison that caused the informant's brother's death. The offences alleged fall under Sections 147, 148, 149, 447, 323, 324, 307, 436, 328 and 302 of the Indian Penal Code. The petitioner sought anticipatory bail fearing arrest in connection with these charges. The learned counsel for the State opposed the bail, emphasizing the gravity and multiplicity of the offences. The Court examined the seriousness of the allegations and the risk of tampering with evidence or influencing witnesses. Concluding that the nature of the accusations warranted custody, the Court rejected the petition for anticipatory bail.

Issues considered

Whether anticipatory bail can be granted in view of the seriousness of offences under Sections 147, 148, 149, 447, 323, 324, 307, 436, 328 and 302 IPC?

Legislation cited

Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 328, 436, 447

Subjects

anticipatory bail
Indian Penal Code
criminal procedure
bail jurisprudence
serious offences

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.43208 of 2025
                      Arising Out of PS. Case No.-233 Year-2014 Thana- HAJIPUR SADAR District- Vaishali
                    ======================================================
                    Nishu Devi @ Nishu Kumari W/o Sonu Kumar R/o Village- Bishunpur
                    Baladhari, P.S.- Hajipur Sadar, District- Vaishali
                                                                              ... ... Petitioner/s
                                                         Versus
                    The State of Bihar
                                                                       ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Sunil Kumar Singh
                    For the Opposite Party/s :       Mr.Madhura Nand Jha
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      16-01-2026                    Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends her arrest in a case,

                      registered for offence punishable under Sections 147, 148, 149,

                      447, 323, 324, 307, 436, 328 and 302 of the Indian Penal Code.

                                   3. As per F.I.R., this petitioner along with other co-

                      accused persons are alleged to have assaulted informant and his

                      family members, set the house of informant on fire and also

                      administered poison in the mouth of brother of informant, due to

                      which, he died.

                                   4. Considering the nature of accusation, the prayer

                      for anticipatory bail of petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T

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