Patna High Court
Mira DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to petitioners 1‑3 subject to bond and sureties, and dismissed the application of petitioner 4 as withdrawn.
Summary
The petitioners Mira Devi, Pramod Sahni and Raju Sahni sought anticipatory bail fearing arrest in a criminal case (Saharghat P.S. Case No. 102 of 2025) involving offences under several sections of the Bihar Negotiable Sale Act. The prosecution alleged that the petitioners, along with others, had assaulted the victim. The petitioner's counsel withdrew the bail application of petitioner No. 4 (Pappu Sahni), which the court dismissed and directed him to surrender within six weeks. For petitioners 1‑3, the court found the allegations to be general and allowed the bail application, ordering release on a bail bond of Rs 10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNSS. The order also set a four‑week window for surrender or arrest before the lower court.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1‑3 under Section 438 CrPC and Section 482 BNSS.
- Whether the application of petitioner 4 can be withdrawn and the consequences thereof.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- withdrawal of application
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79164 of 2025
Arising Out of PS. Case No.-102 Year-2025 Thana- SAHARGHAT District- Madhubani
======================================================
1. Mira Devi W/o Pappu Sahni Vill. - Saharghat, P.S. - Saharghat, District -
Madhubani.
2. Pramod Sahni Son of Kusheshwar Sahni Vill. - Saharghat, P.S. - Saharghat,
District -Madhubani.
3. Raju Sahni Son of Kusheshwar Sahani Vill. - Saharghat, P.S. - Saharghat,
District -Madhubani.
4. Pappu Sahni Sonn of Kusheshwar Sahni Vill. - Saharghat, P.S. - Saharghat,
District -Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Pallavi
For the Opposite Party/s : Mr.Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 10-03-2026 Heard the parties.
2. The petitioners apprehend their arrest in
connection with Saharghat P.S. Case No. 102 of 2025 registered
for the offence under Sections 126, 115(2), 118(1), 109, 305,
352, 351(2), 351(3), 3(5) of the BNS.
3. As per the prosecution case, the petitioners and
other accused are alleged to have assaulted the victim.
4. Learned counsel for the petitioners, at the very
outset, prays for and is permitted to withdraw this application
filed on behalf of petitioner no. 4.
Patna High Court CR. MISC. No.79164 of 2025(6) dt.10-03-2026
2/2
5. Accordingly, this application is dismissed as
withdrawn with regard to petitioner no. 4. He is directed to
surrender within six weeks from today and pray for regular bail.
6. So far as petitioner nos. 1 to 3 are concerned,
there is general and omnibus allegation against them.
7. Considering the aforesaid facts, this application
is allowed with regard to petitioner nos. 1 to 3.
8. Let the petitioner nos. 1 to 3, above named, in
the event of their arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, Benipatti, Madhubani/concerned Court
below in connection with Saharghat P.S. Case No. 102 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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