Patna High Court

Abhishek KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: PARTLY ALLOWED (DISPOSAL)
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to Daulati Devi subject to a bail bond, sureties and statutory conditions.

Summary

Abhishek Kumar and Daulati Devi were named in a case registered under several sections of the B.N.S.S, 2023, stemming from a property dispute. Abhishek withdrew his anticipatory bail application and was directed to seek regular bail. Daulati Devi, a woman with no prior criminal record, applied for anticipatory bail fearing arrest. The State opposed the application. Considering the lack of any allegation of assault against her and the underlying property dispute, the Court granted her anticipatory bail on condition of a Rs 10,000 bond, two sureties, and compliance with Section 438(2) CrPC/Section 482(2) B.N.S.S, 2023, including cooperation with the investigation.

Issues considered

Whether anticipatory bail should be granted to Daulati Devi under the B.N.S.S, 2023 given the allegations and her lack of antecedent
Whether the property‑dispute context diminishes the seriousness of the charges

Legislation cited

B.N.S.S., 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352

Subjects

anticipatory bail
property dispute
B.N.S.S, 2023
Criminal Procedure Code
Section 438
Section 482
female petitioner
no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90220 of 2025
                    Arising out of PS. Case No.-984 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
           1.     Abhishek Kumar Son of Sanjay Kumar Resident of Village - Kanaudi, P.S.-
                  Jehanabad, District - Jehanabad.
           2.    Daulti Devi Wife of Sanjay Kumar Resident of Village - Kanaudi, P.S.- Je-
                 hanabad, District - Jehanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s:       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. At the outset, learned counsel for the petitioners

                   prays for withdrawal of the application with regard to Petitioner

                   No. 1 namley Abhishek Kumar.

                                3. Learned counsel for the petitioners is permitted to

                   withdraw the application with regard to Petitioner No. 1 namely

                   Abhishek Kumar with the liberty to surrender in the Court be-

                   low and seek regular bail which shall be considered on the same

                   day on its own merits without being prejudiced by the present

                   order of withdrawal of his application.

                                4. The petitioner No. 2 namely Daulati Devi has pre-
           Patna High Court CR. MISC. No.90220 of 2025(2) dt.15-01-2026
                               2/3




ferred this application for grant of anticipatory bail apprehend-

ing her arrest in connection with Jehanabad (Karauna) P.S. Case

No. 984 of 2025 registered under sections 126(2), 115(2),

118(1), 109, 303(2), 352, 351(2) and 3(5) of the BNS, 2023.

          3. The allegation in the First Information Report is

that the petitioner along with others have assaulted and abused

the informant.

          4. Learned counsel for the petitioner submits that the

incident has taken place on account of property dispute as both

the parties are agnates.

          5. The application for anticipatory bail is opposed by

learned A.P.P. for the State.

          6. Taking into consideration the facts and circum-

stances of the case and considering that there is no allegation of

assault upon Petitioner No. 2, coupled with the fact that there is

a dispute over ancestral property between the parties, let the Pe-

titioner No. 2 namely Daulati Devi who is a lady and has no

criminal antecedent, in the event of her arrest or surrender be-

fore the learned Court below within a period of four weeks, be

released on anticipatory bail in connection with Jehanabad (Ka-

rauna) P.S. Case No. 984 of 2025 on furnishing bail bond of

Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
                      Patna High Court CR. MISC. No.90220 of 2025(2) dt.15-01-2026
                                          3/3




           amount each to the satisfaction of the learned Chief Judicial

           Magistrate, Jehanabad, subject to the condition laid down under

           Section 438(2) of the Code of Criminal Procedure/Section

           482(2) of the B.N.S.S, 2023 and subject to the further condition

           that she shall co-operate in the investigation/trial.



                                  (Soni Shrivastava, J)
Vikash/-

U      T

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