Patna High Court
Dharmsheela DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to petitioners 1 and 2 with conditions, and denied to petitioner 3.
Summary
The petitioners, two women (Dharmsheela Devi and Khushboo Devi) and a man (Video Kumar), sought anticipatory bail after an FIR alleged they were involved in a violent incident that caused grievous injury to an informant’s mother. The FIR charged them under Sections 115(2), 126(2), 109, 303(2), 352 and 3(5) of the Bihar Negotiable Substances Act, 2023. The court found that the woman petitioners were only generally implicated and, considering their gender, allowed them bail on the condition of furnishing a Rs.10,000 bond with two sureties each, subject to Section 482 of the same Act. The court rejected the anticipatory bail plea of the male petitioner, who was identified as the assailant using bricks. The application was disposed of, granting bail to the two women and denying it to the man.
Issues considered
- Whether anticipatory bail can be granted to petitioners 1 and 2 despite the general allegations in the FIR
- Whether anticipatory bail should be denied to petitioner 3 on account of his alleged role in causing grievous injury
- Whether Section 482 of the Bihar Negotiable Substances Act, 2023, authorises the court to impose bail conditions in this context
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109, 115, 126, 303, 3(5), 352, 482
Subjects
- anticipatory bail
- bail conditions
- Section 482
- gender considerations
- grievous injury
- criminal procedure
- Bihar Negotiable Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85163 of 2025
Arising Out of PS. Case No.-193 Year-2025 Thana- DANIYAWAN District- Patna
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1. Dharmsheela Devi W/O Sri Rajan Prasad @ Rajnandan Prasad R/O Village-
Horil Bigha, P.S.- Daniyawan, District- Patna.
2. Khushboo Devi W/O Subodh Kumar R/O Village- Horil Bigha, P.S.-
Daniyawan, District- Patna.
3. Video Kumar @ Sukhal S/O Rajan Prasad @ Raj Nandan Prasad R/O
Village- Horil Bigha, P.S.- Daniyawan, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harish Kumar
For the Opposite Party/s : Mrs.Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 115(2), 126(2), 109,
303(2), 352, 3(5) of the B.N.S., 2023.
3. As per F.I.R., on 26.08.2025, petitioner no. 1 & 2
were arguing with informant and her mother, in the meantime,
petitioner no. 3 came and assaulted informant and her mother by
means of bricks, on account of which, mother of informant
sustained grievous injury.
4. Considering the fact that mother of informant
Patna High Court CR. MISC. No.85163 of 2025(2) dt.19-01-2026
2/2
sustained grievous injury, caused by petitioner no. 3 (Video
Kumar @ Sukhal), his prayer for anticipatory bail is rejected.
5. However, since there is general and omnibus
allegation against petitioner no. 1 & 2, coupled with the fact that
they are ladies, in the event of their arrest/surrender within a
period of eight weeks from today, let the petitioner nos. 1 & 2,
as named above, be enlarged on bail on furnishing bail-bonds
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Patna City (Patna) in connection with Daniyawan P.S.
Case No. 193 of 2025, subject to condition as laid down under
Section 482 of the B.N.S.S., 2023.
6. This application is, accordingly, disposed of.
(Prabhat Kumar Singh, J)
anay
U T
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