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Patna High Court

Meena Kumari @ Meena DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/4




          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
                                            3/4




                       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.
          Patna High Court CR. MISC. No.10890 of 2026(3) dt.01-04-2026
                                                      4/4




                                 (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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