Patna High Court

Premlata deviversusThe State of Bihar

Decided: 26 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner, subject to surrender and bail bond conditions under Section 482(2) of the B.N.S.

Summary

Petitioner Premlata Devi applied for anticipatory bail fearing arrest in a criminal case (Khesar P.S. Case No. 66 of 2025) involving offences under Sections 126(2), 115(2), 117(2), 109, 103(1), 352, 351(2)(3) and 3(5) of the B.N.S. The prosecution alleges that the petitioner, along with others, assaulted the informant's father and later the informant with a iron rod and stone, leading to the father's death. The petitioner’s counsel contended that she is innocent, has no criminal antecedent, and was framed, citing a medical report that shows only simple injuries to the informant. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the Court, applying Section 482(2) of the B.N.S., ordered that the petitioner be enlarged on bail upon surrendering within four weeks and furnishing a bail bond of Rs. 10,000 with two sureties.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.
Whether the allegations against the petitioner constitute a grave offence justifying denial of bail
Whether the petitioner’s claim of false implication and lack of criminal antecedent merit bail

Legislation cited

B.N.S. — s. 482(2)

Subjects

anticipatory bail
Section 482
criminal procedure
false implication
gender
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9979 of 2026
                         Arising Out of PS. Case No.-66 Year-2025 Thana- Khesar District- Banka
                 ======================================================
                 Premlata devi Wife of Bindeshwari yadav Resident of village - Pathal Kuriya,
                 Ps- Khesar, Dist- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md.Najmul Hodda, Advocate
                 For the Opposite Party/s :        Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending her arrest in

                   connection with Khesar P.S. Case No. 66 of 2025 instituted for

                   the offence under Sections 126(2), 115(2), 117(2), 109, 103(1),

                   352, 351(2)(3) and 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others arrived at the house of the informant

                   being variously armed. It is specifically alleged that one Ranjan

                   Kumar has assaulted the father of the informant with Bhujaali

                   (hasua) due to which he received head injuries and died during

                   treatment. It is further alleged that when the informant went to

                   rescue his father, one Bindeshwari Yadav along with his wife
Patna High Court CR. MISC. No.9979 of 2026(2) dt.26-02-2026
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          started assaulting the informant with iron rod and stone.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner has submitted that the

          injury report of the informant show that he has received simple

          injuries and the nature of allegation of assault to the informant is

          general and omnibus. Learned counsel for the petitioner has

          submitted that the petitioner is a lady and she has been framed

          in this case only with a view to harass her. The petitioner is

          having no criminal antecedent.

                       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 petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of her arrest or surrender

          in connection with Khesar P.S. Case No. 66 of 2025, she will be

          enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          ten thousand) with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Banka, subject
            Patna High Court CR. MISC. No.9979 of 2026(2) dt.26-02-2026
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                      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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