Patna High Court
Renu Devi @ Renu SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail should be granted to the petitioner with conditions, as she has no criminal antecedent and the main allegations are against her husband.
Summary
The petitioner, Renu Devi, sought anticipatory bail fearing arrest in a case where her husband Sanjay Singh was accused of assault, firing a licensed gun, and other offences under sections of the Bihar Negotiable Substances Act and the Arms Act. The FIR primarily implicated the husband, with the petitioner alleged to have participated but having no prior criminal record. The prosecution argued her presence at the scene, while the petitioner’s counsel contended that the FIR exaggerated her involvement. The court examined whether anticipatory bail under Section 438 of the CrPC was appropriate given the lack of antecedent and the primary charge against the husband. Concluding that the petitioner had no substantive role, the court granted anticipatory bail with a bond of Rs 10,000 and specific conditions regarding sureties, court appearances, non‑tampering with witnesses, and abstaining from further offences.
Issues considered
- Whether the petitioner can be granted anticipatory bail under Section 438 CrPC despite alleged participation in the offences.
- Whether the petitioner’s alleged conduct warrants criminal liability under the cited sections of the Bihar Negotiable Substances Act and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Arms Act
- assault
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90686 of 2025
Arising Out of PS. Case No.-230 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Renu Devi @ Renu Sinha Wife of Sanjay Singh @ Sanjay Kumar Singh R/O
Village- Chakbhua, Asoi Lacchiram, P.S.- Bhagwanpur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner is apprehending her arrest in
connection with Bhagwanpur P.S. Case No. 230 of 2025 for the
offence under sections 126(2), 115(2), 109, 352 and 3(5) of the
BNS and Section 27 of Arms Act lodged on 10.08.2025 by the
informant, Santosh Kumar.
3. As per the prosecution story, the informant alleged
that in the night, his elder brother in an inebriated state came
and started abusing. As his wife came to the place and opposed
the said abuse, the allegation is that Sanjay Singh started
assaulting her in which the petitioner, the wife also participated.
Further, the daughter-in-law of the accused too came. Allegation
further is that Sanjay Singh went inside, came out with a
licensed gun and opened fire on his son. He was taken to PMCH
which led to the FIR.
4. Learned counsel for the petitioner submits that a
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perusal of the short FIR would show that the main allegation is
against Sanjay Kumar Singh, the petitioner’s husband, only to
exaggerate the FIR, the lady has been roped in and she has no
criminal antecedent.
5. Learned APP opposes the prayer submitting that
she was also present at the place of occurrence.
6. Taking into account the submissions of the parties
as also that the main allegation of assault/opening of FIR
causing injury to the informant’s son is on Sanjay Kumar Singh,
this petitioner has no role to play and she has no criminal
antecedent, in that background, this Court is inclined to extend
her the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Court of ACJM, Vaishali at Hajipur in
connection with Bhagwanpur P.S. Case No. 230 of 2025 subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
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document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of her
bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of her bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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