Patna High Court

Guli Yadav @ Sanjay YadavversusThe State of Bihar

Decided: 21 January 2026
Disposal: PARTLY ALLOWED (DISPOSAL)
Bench: SONI SHRIVASTAVA

Holding

The court granted anticipatory bail to Kaushalaya Devi subject to a bail bond, sureties, and compliance with Sections 438(2) CrPC and 482(2) B.N.S. 2023.

Summary

The petitioners, Guli Yadav and his wife Kaushalaya Devi, filed an anticipatory bail application in a case registered under multiple sections of the B.N.S. 2023. Petitioner's counsel withdrew the anticipatory bail request for Guli Yadav to surrender and seek regular bail, while seeking anticipatory bail for Kaushalaya Devi, who is alleged only of snatching a jitiya and has no prior criminal record. The State opposed the application. The court examined the nature of the allegation, noting it did not involve assault, and considered the petitioner’s clean record. It ordered that Kaushalaya Devi be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the CrPC and Section 482(2) of the B.N.S. 2023. The order was pronounced by Justice Soni Shrivastava.

Issues considered

Whether anticipatory bail can be granted to Kaushalaya Devi given the specific allegation of snatching a jitiya and absence of assault charges.
Whether the withdrawal of the anticipatory bail application by the first petitioner affects the pending application of the second petitioner.
What conditions under Section 438(2) CrPC and Section 482(2) B.N.S. 2023 are appropriate for granting anticipatory bail in this case.

Legislation cited

B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 329(4), 3(5), 351(2), 352, 482(2), 74, 76
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
regular bail
Section 438 CrPC
Section 482 B.N.S.
bail bond
non‑violent allegation
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CRIMINAL MISCELLANEOUS No.58213 of 2025

                  Arising Out of PS. Case No.-188 Year-2025 Thana- GHOSI District-
                                              Jehanabad
                 ======================================================
           1.     Guli Yadav @ Sanjay Yadav son of Kuldip Yadav Resident Of Village- Grai
                  Bigha PS- Ghoshi District -Jehanabad
           2.    Kaushalaya Devi wife of Guli Yadav @ Sanjay Yadav Resident Of Village-
                 Grai Bigha PS- Ghoshi District -Jehanabad

                                                                         ... ... Petitioner/s
                                                   Versus
                 The State of Bihar

                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Dhananjay Kumar, Advocate
                 For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P
                 =================================================== ===
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                               ORAL ORDER

5   21-01-2026                        Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                  2. Learned counsel for the petitioners, at the outset,

                   withdraws the anticipatory bail application on behalf of petitioner no.

                   1 in order to surrender and seek regular bail which shall be

                   considered on its own merit without being prejudiced by the present

                   withdrawal and preferably shall be considered on the same day.

                                3. The petitioner no. 2 apprehends her arrest in a case

                   registered under Sections 126(2), 115(2), 118(1), 329(4), 74, 76, 109,

                   303(2), 352, 351(2) and 3(5) of B.N.S. 2023.

                                  4. As per the prosecution case, the informant’s elder

                   brother-in-law (petitioner no.1) used to molest her and petitioner no.
             Patna High Court CR. MISC. No.58213 of 2025(5) dt.21-01-2026
                                                         2/2




                       2 snatched the jitiya of the informant.

                                      5. Learned counsel for the petitioner has submitted with

                       regard to petitioner no.2 that the only allegation upon her is that of

                       snatching jitiya from the neck of the informant and there is no

                       allegation upon her of having assaulted any one.

                                      6. The application for anticipatory bail is opposed by

                       learned A. P.P. for the State.

                                     7. Taking into consideration the facts and circumstances

                       and also considering the allegation upon the petitioner no.2 which

                       does not relate to any assault, let the petitioner no. 2 namely,

                       Kaushalaya Devi, having no criminal antecedent, in the event of her

                       arrest or surrender before the learned Court below within a period of

                       four weeks, be released on anticipatory bail in connection with

                       Ghoshi P.S. Case No. 188 of 2025 on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned Court below where the

                       case is pending subject to the condition laid down under Section

                       438(2) of the Code of Criminal Procedure/Section 482(2) of the

                       B.N.S.S, 2023.



                                                  (Soni Shrivastava, J)
vashudha/-

U      T

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