Sabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2839 of 2026 Arising Out of PS. Case No.-202 Year-2024 Thana- PIRPAINTI District- Bhagalpur ====================================================== Sabita Devi W/o Rajesh Pahariya Resident of Village- Pahariya Tola, P.S.- Pirpainti, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Manoj Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 332, 333, 323, 307, 353, 337 and 338 of the I.P.C. and Section 30(d) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 08.04.2024 at about 8.30 P.M. he along with the police force had gone for a raid when 10-20 accused gathered and started creating ruckus and even assaulted the police personnel with bricks, bows and arrows causing injuries to constrables.

4. F The learned counsel for the petitioner submits

Patna High Court CR. MISC. No.2839 of 2026(2) dt.28-01-2026 2/3 that petitioner has been falsely implicated in the instant case during the course of investigation. It is also submitted that petitioner is not named in the FIR and her name transpired during the course of investigation. It is also submitted that petitioner is a resident of a nearby place where the ruckus was created, as such, out of inquisitiveness, the petitioner came at the place of occurrence when her name transpired during the course of investigation.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on her furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Pirpainti P. S. Case No.202 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court after

Patna High Court CR. MISC. No.2839 of 2026(2) dt.28-01-2026 3/3 accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T