Patna High Court
Sumitra DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to bail bond and surety conditions under Section 482(2) of the Bihar Negotiable Instruments Act.
Summary
The petitioners, Sumitra Devi, Nagina Devi and Thakur Yadav, applied for anticipatory bail fearing arrest in a police case (No. 277 of 2025) alleging offences under several sections of the Bihar Negotiable Instruments Act and the Bihar Prohibition & Excise (Amendment) Act. The prosecution alleges that the petitioners, along with another person, attacked police with bricks, stones and chilli‑laden water while attempting to release accused persons in an excise case. The petitioners contend that the allegations are vague, no incriminating material was seized from them, and that two of the accused are women. The State opposed the bail. After hearing both sides, the Court decided to grant anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties each, subject to conditions under Section 482(2) of the Bihar Negotiable Instruments Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged offences
- Whether the allegations against the petitioners constitute sufficient ground to deny bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 109, 115, 124, 126, 132, 3, 352
Subjects
- anticipatory bail
- criminal procedure
- excise law
- assault on police
- gender considerations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9850 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
1. Sumitra Devi Wife of Thakur Yadav Resident of Ward No 03, Indragachi PO
-Murli PS -Sangrampur Distt -East champran
2. Nagina Devi @ Nagina Kumari @ Nagia @ Kumkum Kumari Daughter of
Thakur Yadav Resident of Ward No 03, Indragachi PO -Murli PS
-Sangrampur Distt -East champran
3. Thakur Yadav Son of Late Raghunath Yadav Resident of Ward No 03,
Indragachi PO -Murli PS -Sangrampur Distt -East champran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Sangrampur P.S. Case No. 277 of 2025
instituted for the offence under Sections 126(2), 115(2), 109,
124(1), 124(2), 132, 352 & 3(5) of the BNS and under Section
30(a) of Bihar Prohibition & Excise (Amendment) Act.
3. The case of the prosecution, in short, is that the
petitioners along with one other have attempted to release the
accused persons who were apprehended in the offence of Excise
Patna High Court CR. MISC. No.9850 of 2026(2) dt.26-02-2026
2/3
Act. It is alleged that the petitioners along with one other have
attacked the police party with bricks and stone and threw water
containing chilli on them.
4. Learned counsel for the petitioner has submitted
that the nature of allegation against the petitioners is general and
omnibus. Learned counsel has further submitted that nothing
has been recovered from the possession of these petitioners.
Only allegation is that the petitioners have attempted to release
the accused of Excise Act. Learned counsel for the petitioners
has further submitted that two of the three petitioners in the
present case are ladies.
5. Learned APP for the State has opposed the prayer
of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Sangrampur P.S. Case No. 277
of 2025, they will be enlarged on bail on furnishing bail bond of
Rs. 10,000/- (Rupees ten thousand) each of them with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.9850 of 2026(2) dt.26-02-2026
3/3
Special Excise Judge-1, Motihari, East Champaran, subject to
the conditions as laid down under section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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