Patna High Court
Sarli DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to anticipatory bail, subject to the conditions of Section 482(2) of the B.N.S.S., and ordered her release on bail.
Summary
The petitioner, Sarli Devi, applied for anticipatory bail anticipating arrest under Sections 103(1) and 3(5) of the B.N.S. The petitioner argued she has a clean antecedent and that a similar anticipatory bail was granted to Raju Yadav and others in Cr. Misc. No.54341 of 2025. The State opposed the bail. The Court, noting the earlier order and the petitioner’s status as a woman, directed that she be released on bail upon furnishing a bail‑bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Sections 103(1) and 3(5) of the B.N.S.
- Whether the earlier order in Cr. Misc. No.54341 of 2025 is binding or persuasive in the present case
- Whether the petitioner’s gender and clean antecedent justify granting bail
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are applicable
Legislation cited
Subjects
- anticipatory bail
- bail
- Section 103(1) B.N.S.
- Section 3(5) B.N.S.
- Section 482(2) B.N.S.S.
- high court
- woman
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77399 of 2025
Arising Out of PS. Case No.-104 Year-2025 Thana- KORHA District- Katihar
======================================================
Sarli Devi Wife of Raju Yadav R/O- Shivadih, P.S.- Korha, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh
For the Opposite Party/s : Mr. Brajendra Nath Pandey- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Sections 103(1) and 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent. It is next
submitted that Raju Yadav along with Amit Kumar Yadav and
Birbal Yadav had approached this Court seeking anticipatory
bail by filing Cr. Misc. No.54341 of 2025 and the same came to
be allowed by an order dated 22.09.2025 after considering the
case on merits. It is next submitted that the case of the petitioner
if not akin is similar to the case of Raju Yadav and others.
4. Learned A.P.P. opposes the anticipatory bail
Patna High Court CR. MISC. No.77399 of 2025(2) dt.09-01-2026
2/2
application.
5. After hearing the learned counsel for the parties
and taking into consideration the order dated 22.09.2025 in Cr.
Misc. No.54341 of 2025 and also the fact that petitioner is a
woman, the petitioner, above-named, in the event of her arrest
or surrender before the learned Court below within a period of
six weeks, is directed to be released on bail on her furnishing
bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/successor
Court in connection with Korha P. S. Case No.104 of 2025,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S.
6. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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