Patna High Court
Meena Kumari @ Meena DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court grants anticipatory bail to the petitioners under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, subject to specified conditions.
Summary
The petitioners, Meena Kumari and Dinesh Prasad, were implicated in FIR No.684 of 2024 for alleged assault, robbery and other offences under various sections of the Bhartiya Nagarik Suraksha Sanhita. They contended that they were falsely implicated due to personal enmity and that no incriminating material was recovered from them. The State opposed their anticipatory bail application. The Court noted that the injuries reported were mostly simple, the petitioners had minimal or no prior criminal records, and there was a lack of direct evidence linking them to the crime. Considering these factors, the Court exercised its power under Section 482(2) of the BNS to grant anticipatory bail, subject to conditions including cooperation with investigation and verification of criminal antecedents. The bail bonds were set at Rs 10,000 with two sureties and a six‑week period for surrender if arrested.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita despite the serious nature of the allegations.
- Whether the lack of incriminating material and minimal criminal antecedents justify the grant of bail.
- Whether the Court should impose conditions such as verification of criminal antecedents and cooperation with investigation.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nagarik Suraksha Sanhita
- assault
- theft
- criminal antecedent
- enquiry conditions
- counter blast case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10890 of 2026
Arising Out of PS. Case No.-684 Year-2024 Thana- BELAGANJ District- Gaya
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1. Meena Kumari @ Meena Devi W/o Dinesh Prasad @ Dinesh Yadav
2. Dinesh Prasad @ Dinesh Yadav S/o Late Bajrangi Prasad @ Bajrangi Yadav
Both R/o Village - Paranpur, Tola Akalbigha, P.S - Belaganj, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar, Adv.
For the Opposite Party/s : Ms.Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Belaganj P.S. Case No.684 of 2024, registered for the
offence under Sections 126(2), 115(2), 117(2), 74, 109(1), 352,
303(2), 351(2), 3(5) of the BNS.
3. Prosecution case in brief is that one Lakhpatiya
Devi, resident of village- Paranpur Tola Akalbigha, P.S.
Belaganj, District-Gaya submitted written statements on 4.12.24
before the S.H.O Belaganj P.S. alleging therein that on 4.12.24
at about 3 P.M. her son returned at home with Gas cylinder from
Belaganj accused Meena Devi, Bhushan Kumar, Pawan Kumar,
Viinita Kumari, Dinesh Prasad came at her door and assaulted
her son Abhay Kumar with lathi danda due which his right leg
Patna High Court CR. MISC. No.10890 of 2026(3) dt.01-04-2026
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and right hand got fracture and he also sustained head injury, the
informant came to rescue her son then assaulted her due to
which she sustained injury in her hands, legs and head. It is
further alleged that they snatched her gold jitiya and
mangalsutra. It is further alleged that her husband came to
rescue her then accused persons assaulted him with lathi danda
and iron rod due to which he sustained injury on his head and
his right hand got fracture and they also snatched his mobile
phone bearing No-993176483, papers and key. Accordingly, the
FIR.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence and
have falsely been implicated in this case due to enmity. Learned
counsel for the petitioners further submits that the petitioners
were not caught on the spot and no any incriminating article has
been recovered from the physical possession or house of the
petitioners and there is general and omnibus allegation of
assault against the petitioners. Learned counsel for the petitioner
next submits that it is a case of counter blast case of Belaganj
P.S. Case No.683 of 2024.
5. The learned APP opposes the anticipatory bail
application.
Patna High Court CR. MISC. No.10890 of 2026(3) dt.01-04-2026
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6. Although there is allegation of assault against the
petitioners, from the perusal of the injury report, it transpires
that most of the persons have received simple injury except one
Naresh Prasad whose injury is simple as well as grievous.
Petitioner no.1 has no criminal antecedent and petitioner no.2
has only one criminal antecedent, which has been described in
paragraph-3 of the application.
7. Considering these circumstances, this Court is
inclined to grant the privilege of anticipatory bail to the
petitioners.
8. Accordingly, the petitioners above named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned I/C Chief Judicial
Magistrate, Gaya in connection with Belaganj P.S. Case No.684
of 2024, subject to the conditions laid down under Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) the petitioners shall co-operate in the
investigation/trial.
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(ii) the learned Court would, however, verify the
criminal antecedent of the petitioners and in case it is found that
the petitioners have concealed their criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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