Patna High Court
Shail DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The prayer for grant of anticipatory bail to the petitioner is allowed.
Summary
Petitioner Shail Devi sought anticipatory bail fearing arrest in a case registered under Sections 120B, 341, 323, 307, 380 and 34 of the Indian Penal Code for allegedly assaulting an informant with a dab. The petition highlighted a one‑month delay in lodging the FIR, the simple nature of the injuries, and her clean antecedents. The State opposed the bail, but the Court considered the delay, the minor injuries, and her good character. Accordingly, the Court allowed the 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 CrPC. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted in view of the delay in filing the FIR, the nature of alleged injuries, and the petitioner's clean antecedents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 120B, 307, 323, 34, 341, 380
Subjects
- anticipatory bail
- delay in FIR
- Indian Penal Code
- CrPC Section 482
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77216 of 2025
Arising Out of PS. Case No.-115 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Shail Devi W/O Sanjay Rai Resident of Village- Jakhua Laxmipur, P.S.-
Revilganj, Dist.- Saran (Chapra)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ajay Kumar Tiwary, Advocate
For the State : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 21-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 120B, 341,
323, 307, 380 and 34 of the Indian Penal Code.
3. As per prosecution case, this petitioner is alleged to
have assaulted informant with dab.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. The present F.I.R. has been filed after
inordinate delay of one month and there is no plausible
explanation for the same, which itself makes the entire
prosecution case doubtful. Doctor has found the injuries,
Patna High Court CR. MISC. No.77216 of 2025(5) dt.21-04-2026
2/2
allegedly caused by this petitioner, simple in nature. Petitioner is
a lady and claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, delay in lodging of the F.I.R., nature of injuries allegedly
caused by this petitioner and clean antecedents of the petitioner,
the prayer for grant of anticipatory bail to the petitioner is
allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 learned Judicial Magistrate-1st Class,
Chapra, District- Saran in connection with Revilganj P.S. Case
No. 115 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…