Patna High Court
Pawan DeviversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations of manhandling were prima facie general and omnibus, warranting the grant of bail to the petitioners.
Summary
The petitioners, a group of family members from Hanuman Nagar, were apprehended in connection with a police case (No. 227 of 2025) alleging offences under several sections of the Bhartiya Nayay Sanhita 2023, including assault and unlawful restraint. The FIR alleged that they prevented a police informant from performing his duties while he was video‑recording the incident. The petitioners contended that the charge of "manhandling" was vague, that no physical assault occurred, and that the dispute stemmed from a matrimonial discord, emphasizing their clean antecedent. The Additional Public Prosecutor opposed bail. The court observed that the allegation of manhandling was prima facie general and omnibus, and therefore not sufficient to deny bail. Consequently, the court ordered the release of all petitioners on bail of Rs. 10,000 each with two sureties, under Section 482(2) of the BNSS.
Issues considered
- Whether the allegations of manhandling in the FIR constitute a sufficient ground to deny bail.
- Whether the petitioners are entitled to bail under Section 482(2) of the Bhartiya Nayay Sanhita 2023 despite the serious charges.
- Whether the FIR provides specific enough facts to justify continued detention.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 115(2), 121(2), 126(2), 132, 3(5), 351(2), 352, 482(2)
Subjects
- bail
- manhandling
- matrimonial discord
- police obstruction
- Bhartiya Nayay Sanhita
- Section 482
- general allegations
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10705 of 2026
Arising Out of PS. Case No.-227 Year-2025 Thana- RAJEPUR District- East Champaran
======================================================
1. Pawan Devi Wife of Rambali Sahani Resident of Village- Hanuman Nagar,
P.S.- Rajepur, District- East Champaran.
2. Parmila Devi Wife of Pramod Sahani, Resident of Village- Hanuman Nagar,
P.S.- Rajepur, District- East Champaran.
3. Pramod Sahani Son of Rajendra Sahani Resident of Village- Hanuman
Nagar, P.S.- Rajepur, District- East Champaran.
4. Sushila Devi Wife of Rajendra Sahani, Resident of Village- Hanuman Nagar,
P.S.- Rajepur, District- East Champaran.
5. Chandan Sahani @ Chandan Kumar Son of Rajendra Sahani Resident of
Village- Hanuman Nagar, P.S.- Rajepur, District- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar. .. ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Rajepur P.S. Case No. 227 of 2025
registered for the offences punishable under Sections 126(2),
115(2), 121(2), 132, 352, 351(2), 3(5) of the Bhartiya
Nayay Sanhita 2023.
3. As per FIR, petitioners prevented informant to
discharge his official functions when being a police person, he
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was video graphing the occurrence.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that the allegation qua manhandling
is appearing very much general and omnibus against
petitioners. It is submitted that there is no allegation of
physical assault. It is submitted that occurrence took place in
the background of matrimonial discord for which the
police/informant was called by dialing 112 helpline. All
petitioners are of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as allegation qua manhandling is appearing
prima facie very much general and omnibus against
petitioners, accordingly, all above named petitioners, in the
event of their arrest or surrender before the learned trial
Court, within a period of four weeks of the order, is directed
to be released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned C.J.M., East
Champaran at Motihari/concerned Court, where the case is
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pending in connection with Rajepur P.S. Case No. 227 of
2025 subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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