Sabitry Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10473 of 2026 Arising Out of PS. Case No.-85 Year-2025 Thana- JAYRAMPUR District- Sheikhpura ====================================================== Sabitry Devi W/o Masudan Chaudhary R/o Vill. and P.O And P.S - Jairampur, District - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar, Advocate For the Opposite Party/s :
Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. Learned counsel for the petitioner submits that the present application is for anticipatory bail in which, in the original filing, there were three petitioners. However, when defects were pointed out by the Stamp Reporter, the counsel for the petitioner deleted the names of petitioner nos. 1 and 3 from the application. As a result, after stamp reporting, the Registry proceeded with the anticipatory bail application only on behalf of petitioner no. 2.
3. It is further submitted that the said deletion was an unintentional mistake committed by the learned counsel in good faith, as he had received information from the pairvikar that
2/4 petitioner nos. 1 and 3 had already been arrested.
4. As per Rule 7 (iv)(v) of Chapter IIIA of the Rules of the Patna High Court, after filing of a case, any defect or correction can be made only with the permission of the Lawazima Board or the designated officer. In the present case, no such permission was obtained by the learned counsel either from the Lawazima Board or from the designated officer before making the aforesaid correction.
5. Learned counsel for the petitioner submits that he undertakes that such a mistake shall not occur in future.
6. Considering the aforesaid facts, and only by way of reminder to the learned counsel to exercise greater caution in future, this Court imposes a notional cost of Rs. 500/- upon the learned counsel, which shall be deposited with the Patna High Court Legal Services Committee.
7. The Registrar (List) is directed to look into the matter and ensure that such mistakes do not occur in future at the level of either the Stamp Reporter or the Stamp Reporting Section. He is further directed to ensure that the concerned Stamp Reporter shall work for one additional hour beyond office hours, without any extra payment, for the next seven days, for the purpose of compiling and placing on record all the
3/4 defects in S.R. Section.
8. Learned counsel for the petitioner submits that he is pursuing his bail application only with respect to petitioner no. 2 who is apprehending his arrest in connection with Jairampur P.S. Case No. 85/2025 lodged on 26.11.2025, for the offences punishable under sections 126(2), 115(2), 109(1), 303(2), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
9. As per the prosecution case, the F.I.R. has been lodged against five named accused persons including the present petitioner. There are allegations of abuse, scuffling and snatching of a gold chain.
10. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the accusations against the petitioner are not specific; rather, they are general and omnibus in nature. Learned counsel further submits that the petitioner is a lady aged about 44 years and that the petitioner and the informant are adjacent neighbours. It is also submitted that the antecedent of the petitioner is clean. Further, there is a case and counter-case between the parties.
11. Learned APP for the State opposes the prayer for bail but fairly submits that the petitioner is a lady and the
4/4 allegations against her are general and omnibus in nature.
12. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned Judicial Magistrate, 1st Class, Sheikhpura, in connection with the aforementioned case, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with further condition that one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide.
(Dr. Anshuman, J) Ashwini/- U T