Patna High Court
Samful Devi @ Samfal DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that because the petitioners caused only simple injuries, the grievous injury charge was against a co‑accused, and they have clean antecedents, bail was warranted.
Summary
The petitioners, Samful Devi, Nawal Prasad and Priti Kumari, were charged under the Bhartiya Nyaya Sanhita, 2023 for assaulting an informant, allegedly causing head and bodily injuries with intent to cause death. They contended that the incident stemmed from a neighbourhood dispute and that only simple injuries were inflicted by them, while the grievous injury charge pertained to a co-accused, Subodh Kumar, who was not before the court. The petitioners emphasized their clean antecedent and argued that the alleged acts did not demonstrate an intention to cause death. The Additional Public Prosecutor opposed bail. The court, noting that the injuries attributable to the petitioners were simple, the grievous injury allegation was against another accused, and the petitioners had no prior record, ordered that they be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 438(2) and BNS Section 482(2).
Issues considered
- Whether bail should be granted to the accused despite charges of assault with intent to cause death under the BNS.
- Whether the nature of injuries (simple vs grievous) affects the bail decision.
- Whether the petitioners pose a flight risk or threat to the investigation.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1) read with 3(5), 115(2), 117(2), 126(2), 329(3), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- assault
- Bhartiya Nyaya Sanhita
- simple injury
- grievous injury
- clean antecedent
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10836 of 2026
Arising Out of PS. Case No.-161 Year-2025 Thana- PANDARAK District- Patna
======================================================
1. Samful Devi @ Samfal Devi, W/o Late Arjun Prasad
2. Nawal Prasad @ Nawal Yadav, S/o Late Prayag Prasad @ Late Pragas
Prasad
3. Priti Kumari, W/o Subodh Kumar
All are R/o village - Lemuabad, P.S.- Pandarak, Distt.- Patna
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and
apprehending their arrest in connection with Pandarak P.S.
Case No.161 of 2025 registered under Sections 126(2),
115(2), 117(2), 329(3) and 109(1) read with 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).
3. Allegation against petitioners is to assault the
informant along with other co-accused persons causing head
and bodily injuries, which was made with intention to cause
his death.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.10836 of 2026(2) dt.24-02-2026
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petitioners that occurrence took place due to neighbourhood
disputes and differences arising out of common passage. It is
submitted that the thrust of allegation as to cause grievous
injury is available against co-accused Subodh Kumar, who is
not petitioner for the present. It is submitted that as far
allegation against petitioner nos. 1 and 3 are concerned, they
alleged only to slap the informant during occurrence and
further the petitioner no.2 alleged to drag the informant
during occurrence after putting rope around his neck. It is
submitted that out of alleged assault and act of petitioners,
informant received simple injuries, which prima facie negates
intention to cause his death. The petitioners claimed clean
antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the thrust of allegation qua causing
grievous injury is specifically available against co-accused
Subodh, whereas injuries alleged to be caused by petitioners
are simple in nature, accordingly, all three petitioners, above-
named, who are men of clean antecedent, in the event of
Patna High Court CR. MISC. No.10836 of 2026(2) dt.24-02-2026
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their arrest or surrender in the court below within a period of
four weeks, are directed to be released on bail on 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 A.C.J.M.-1st, Barh, Patna in connection with
Pandarak P.S. Case No.161 of 2025, subject to the conditions
as laid down under Section 438(2) of the CrPC/under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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