Patna High Court

Jhula DeviversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.

Summary

Jhula Devi, wife of Chotelal Singh, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109(1), 74, 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that the accused, including co‑accused Chhote Lal Singh and Mahesh Singh, assaulted an informant with an axe, while the petitioner was only alleged to be a member of the unlawful assembly. The petitioner argued she had no specific allegation of any overt act, possessed clean antecedents, and that co‑accused of similar standing had already been granted anticipatory bail. The State opposed the relief. Considering the general nature of the accusation, parity with co‑accused, and the petitioner's clean record, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail can be granted to a person alleged only to be a member of an unlawful assembly in a case involving multiple serious offences
Whether parity with co‑accused already granted anticipatory bail warrants the same relief for the petitioner

Legislation cited

B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 74
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
unlawful assembly
clean antecedents
parity
criminal procedure
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90494 of 2025
                       Arising Out of PS. Case No.-697 Year-2024 Thana- AMARPUR District- Banka
                 ======================================================
                 Jhula Devi Wife of Chotelal Singh Resident of Village- Salempur, P.S.-
                 Amarpur, District- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Brij Nandad Prasad, Advocate
                 For the State           :        Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109(1), 74, 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including this petitioner,

                   variously armed, abused and assaulted the informant. It is

                   further alleged that co-accused Chhote Lal Singh and Mahesh

                   Singh assaulted on the head of informant with axe.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. From bare perusal of the F.I.R. it is
Patna High Court CR. MISC. No.90494 of 2025(2) dt.10-02-2026
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          apparent that specific accusation of assault by means of axe on

          the head of informant is against co-accused Chhote Lal Singh

          and Mahesh Singh. So far as this petitioner is concerned, there

          is no specific accusation of any overt act and she is only alleged

          to be member of the unlawful assembly. Similarly situated co-

          accused persons have already been granted the privilege of

          anticipatory bail by this Hon’ble Court vide order dated

          09.07.2025 passed in Cr. Misc. No. 24326 of 2025. 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, general and omnibus nature of accusation, claim based on

          parity 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 Chief Judicial Magistrate,

          Banka in connection with Amarpur P.S. Case No. 697 of 2024,
             Patna High Court CR. MISC. No.90494 of 2025(2) dt.10-02-2026
                                                         3/3




                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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