Patna High Court
Nibha Devi @ Niya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, subject to the stipulated conditions.
Summary
Nibha Devi, a woman, faced arrest in connection with PS Ghoshi Case No.486 of 2025, which alleged offences under several sections of the Bihar Negotiable Substances Act, 2023, including assault and related crimes. The petitioner argued that the allegations were general and omnibus, and highlighted that there was a case and counter‑case between the parties, emphasizing her gender. The court considered these circumstances and the principle of bail, especially given the petitioner’s status as a woman. It allowed the bail application, directing that she be released upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The bail was conditioned on compliance with Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the petitioner’s gender and the existence of a case‑and‑counter‑case warrant a more lenient bail approach.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- gender considerations
- assault
- BNSS 2023
- CrPC 1973
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.588 of 2026
Arising Out of PS. Case No.-486 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Nibha Devi @ Niya Devi W/o Ajeet Kumar R/o vill - Ratan Bigha, P.S.-
Ghoshi, Distt.- Jehanabad
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner :
Mr. Pramod Kumar Yadav, Advocate
For the State :
Mr. Sanjay Kumar, APP
Mr. Birendra Kumar, Advocate
Mr. Anurag Singh, Advocate
Ms. Meena Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in
connection with Ghoshi (Okri O.P.) P.S. Case No.486 of 2025
registered for the offence under sections 126(2), 115(2), 109,
503(2), 352, 351(2), 351(3) and 3(5) of the B.N.S., 2023.
3. As per the F.I.R., the petitioner and others
are accused of assaulting two persons in connection with a
dispute, as a result of which, they sustained injuries.
4. Learned counsel for the petitioner submits
that the petitioner is a lady and there is general and omnibus
allegation against her. He further submits that there is case and
counter case between the parties.
Patna High Court CR. MISC. No.588 of 2026(3) dt.25-02-2026
2/2
5. Considering the fact that the petitioner is a
woman and there is case and counter case between the parties,
this application is allowed.
6. Accordingly, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Jehanabad / concerned Court below, in connection
with Ghoshi (Okari O.P.) P.S. Case No.486 of 2025, subject to
the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
pawan/-
U T
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