Patna High Court

Chanchala DeviversusThe State of Bihar

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

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond of Rs 10,000, two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The Patna High Court entertained an anticipatory bail application filed by Chanchala Devi, who feared arrest in a criminal case registered under Sections 126(2), 115(2), 303(2), 109(2) and 3(5) of the Bharatiya Nyaya Sanhita for alleged assault and mobile‑phone snatching. The FIR alleged that the accused, including the petitioner, assaulted the informant’s nephew and seized his phone, but the petitioner asserted she had no role, the allegation was vague, the injury was minor and she possessed a clean antecedent. She further highlighted that co‑accused persons had earlier been granted anticipatory bail in a similar matter. The State opposed the bail. Weighing the nature of the accusation, the minor injury, the petitioner’s clean record and the precedent of bail to co‑accused, the Court allowed anticipatory bail, directing that if arrested within eight weeks she be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the facts of the case
Whether the allegations in the FIR constitute a specific cognizable offence justifying arrest
Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109(2), 115(2), 126(2), 303(2), 3(5)

Subjects

anticipatory bail
criminal procedure
assault
theft
clean antecedent
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77202 of 2025
                  Arising Out of PS. Case No.-379 Year-2024 Thana- LAHERIMUHALLA District- Nalanda
                 ======================================================
                 Chanchala Devi Wife of Shyamdeo Prasad Resident of Village-Horil Bigha,
                 P.S.- Noorsarai, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Tej Narayan Singh, Advocate
                 For the Opposite Party/s :      Md. Ataur Rahman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 303(2),

                   109(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., on the alleged date and time of

                   occurrence, all the accused persons named in the F.I.R.,

                   including petitioner, assaulted nephew of informant and also

                   snatched his mobile phone.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Allegation

                   of assault is general and omnibus and there is no specific

                   allegation of any overt act against petitioner. Injury sustained by

                   the injured is simple in nature. It is further submitted that

                   similarly situated co-accused persons have already been granted
              Patna High Court CR. MISC. No.77202 of 2025(2) dt.16-01-2026
                                                          2/2




                        anticipatory bail by this Hon’ble Court vide order dated

                        20.02.2025 passed in Cr. Misc. No. 7637 of 2025. Petitioner is

                        lady and claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation, injury and clean antecedent, this anticipatory bail is

                        allowed and it is ordered that let the above named petitioner in

                        the event of her arrest/surrender before the court below within a

                        period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                        sureties of the like amount each to the satisfaction of Chief

                        Judicial Magistrate, Biharsharif, Nalanda in connection with

                        Laheri P. S. Case No. 379 of 2024, subject to condition as laid

                        down under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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