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Patna High Court

Nibha Devi @ Niya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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