Supreme Court reverses Justice Satyavrat Verma's anticipatory bail rejection order

In Sima Devi vs. The State of Bihar (2025), Supreme Court's Division Bench of Justices J.K. Maheshwari and Vijay Bishnoi passed a 4-page long order dated November 7, 2025 upon hearing Special Leave to Appeal (Crl.) which arose out of impugned 3-page long order dated July 16, 2025 passed by Justice Satyavrat Verma of Patna High Court. 

Supreme Court's Division Bench reversed the order of Justice Verma saying, "3....we deem it appropriate to confirm the order of interim protection and deem it appropriate to release the petitioner on anticipatory bail. 4 In view of the above, we direct that in the event of arrest, the petitioner shall be released on bail on furnishing suitable bail bonds and sureties...." The Court had granted interim relief by its order dated September 24, 2025 by issuing direction for not taking coercive steps.

The petitioner had approached the Supreme Court apprehending her arrest in connection with a FIR dated December 1, 2024 registered at Police Station Banjariya, District East Champaran, Bihar for the offences
punishable under Sections 126(2), 115(2), 109, 118(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 

Earlier, in Sima Devi vs. The State of Bihar (2025), Justice Verma had concluded:"5. Considering the submissions made by the learned APP, the court is not inclined to extend the privilege of anticipatory bail to the petitioner. 6. The anticipatory bail application of the petitioner is rejected. 7. However, if the petitioner surrenders on or before 30.07.2025, in that event, the learned trial Court shall dispose of the case, on the same day, keeping in mind that husband of the petitioner has been granted the privilege of regular bail by this Court." 

The petitioner had approached the High Court apprehending her arrest in connection with Banjariya P.S. Case No.394/2024, registered for the offences punishable under Sections 126(2), 115(2), 118(2), 109, 352, 3(5) of the B.N.S. Act.

The counsel for the petitioner submitted that woman petitioner was a person with clean antecedent. The husband of the petitioner had approached the High Court seeking regular bail by filing Cr. Misc.No.32639/2025 and the same was allowed by an order dated 22.05.2025. It was submitted that informant alleged that husband of the petitioner was indulged in trade of liquor, further on 26.11.2024, the Banjariya police caught the liquor of her husband, on account of which, the husband of the petitioner abused the informant alleging that it was at his instance that the liquor was caught, thereafter husband of the petitioner assaulted the informant by knife causing injury. It was next alleged that the petitioner along with co-accused Vivek Kumar also assaulted the brother of the informant Vinod Sah by knife causing injury. It was submitted that the injury suffered by Vinod Sah was simple in nature. A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner along with Vivek were alleged to have assaulted Vinod by knife causing injury. It was also submitted that Vinod suffered two injuries and the husband of the petitioner was granted the privilege of regular bail, as such, the APP submitted that it was not a fit case, where the privilege of anticipatory bail be granted to the petitioner, in the nature of allegation as alleged in the FIR.