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Patna High Court

Gyanti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Gyanti Devi, sought anticipatory bail in connection with a police case alleging offences under several sections of the BNS, 2023, arising from a food‑poisoning incident involving a laddu. The FIR alleged that the petitioner, along with the co‑accused, caused the victim’s nausea after she ate the laddu. The petitioner contended that she was falsely implicated and that the incident was merely a case of food poisoning, supported by a medical report. The court examined the nature of the allegations and the lack of serious evidence against the petitioner. Considering the submissions, the court exercised its power under Section 438(2) of the CrPC and Section 482(2) of the BNS, 2023, and granted anticipatory bail with conditions. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences under the BNS, 2023
  • Whether the allegations constitute a serious offence warranting denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNS
  • food poisoning
  • false implication
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9224 of 2026
                        Arising Out of PS. Case No.-223 Year-2025 Thana- TARAIYA District- Saran
                 ======================================================
                 Gyanti Devi W/o Madan Sah R/o Vill- Bhagwatpur, P.S- Taraiya, Dist- Saran-
                 841424

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jeetendra Narayan
                 For the Opposite Party/s :        Mr. Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   27-04-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Taraiya Police Station Case No. 223 of 2025,

                   disclosing offences under Sections 85, 115(2), 74, 109, 123,

                   303(2), 3(5) of the BNS, 2023.

                                   3. As per the complaint-cum-FIR, the marriage of

                   the daughter of the informant was solemnized with the co-

                   accused Mahendra Kumar on 28.11.2024. It has further been

                   alleged that on 10.04.2025, on the occasion of Mahaveer

                   Jayanti, co-accused Mahendra Kumar brought laddu and asked

                   his brother Sajan Kumar to give it to his wife, upon which

                   petitioner also insisted the victim to eat laddu and after eating

                   the same, she felt nauseatic and was taken to the hospital.
Patna High Court CR. MISC. No.9224 of 2026(3) dt.27-04-2026
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                          4. Learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case with

          oblique motive. As per the allegation made in the complaint-

          cum-FIR, the laddu was brought by the victim's husband and

          upon eating the same, it appears that the victim developed food

          poisoning. The medical report of the victim is annexed at

          Annexure P/2, in which the doctor has found the symptom of

          vomiting for one day and has prescribed Oral Rehydration Salts,

          Ondansetron Hydrochloride etc. It is a very common kind of

          medicines of food poisoning. No serious allegation is there

          against the petitioner.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the nature of

          allegation against the petitioner, I am inclined to grant the

          petitioner privilege of anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, 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 learned Additional Chief Judicial

          Magistrate 13th, Saran at Chapra, in connection with Taraiya
           Patna High Court CR. MISC. No.9224 of 2026(3) dt.27-04-2026
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                     Police Station Case No. 223 of 2025, subject to the condition

                     laid down under Section 438 (2) of the Code of Criminal

                     Procedure/Section 482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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