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Patna High Court

Sonali KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to bond and conditions, finding no sufficient ground to deny bail.

Summary

The petitioners, two women from Hathiyar village, sought bail fearing arrest in a Bodhgaya police case alleging assault under several sections of the Bihar Negotiable and Securities Act. The prosecution alleged that they, along with co‑accused, assaulted an informant with a rod, causing a head fracture. The petitioners contended they were falsely implicated, stating the incident was a minor scuffle over a drainage dispute and that the injury report showed only a minor laceration. The State opposed, emphasizing the specific allegation of grievous assault on the informant. Considering the possibility of false implication, the petitioners’ clean antecedents, and the fact they are women, the court granted bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioners are entitled to bail in the pending assault case
  • Whether there is a prima facie case establishing their guilt
  • Whether the allegations constitute false implication warranting bail under Section 482(2) of the B.N.S.S.

Subjects

  • bail
  • false implication
  • assault
  • Section 482
  • Criminal Procedure
  • Bihar
  • women

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14541 of 2026
                       Arising Out of PS. Case No.-59 Year-2025 Thana- BODHGAYA District- Gaya
                 ======================================================
           1.     Sonali Kumari D/o-Mahendra Agrawal @ Mahendra Kumar @ Mahendra
                  Prasad. R/o-Village-Hathiyar, P.S.-Bodhgaya, Dist.-Gaya.
           2.    Reena Devi W/o-Mahendra Agrawal @Mahendra Kumar @ Mahendra
                 Prasad. R/o-Village-Hathiyar, P.S.-Bodhgaya, Dist.- Gaya.

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Onkar Nath, Advocate
                 For the Opposite Party/s :      Mr.Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-04-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. In the present case, the petitioners are

                   apprehending their arrest in connection with Bodhgaya P.S.

                   Case No. 59 of 2025 registered for the offences under Sections

                   126(2), 115(2), 352, 351(2), 351(3), 303(2) & 3(5) of B.N.S.

                                      3. As per prosecution case, the petitioners and

                   other co-accused persons assaulted the informant with rod,

                   danda and bricks. Petitioner no. 1 Sonali Kumari assaulted the

                   informant with rod causing fracture on her head. Further

                   allegation against other co-accused persons is that they also

                   assaulted the informant causing injuries.
Patna High Court CR. MISC. No.14541 of 2026(2) dt.01-04-2026
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                            4. Learned counsel for the petitioners submits that

          the petitioners are innocent and have falsely been implicated in

          this case. No occurrence in the manner as alleged has ever taken

          place. The petitioners and informant are next door neighbours.

          Some altercation took place between them over drainage of

          sewerage water and some scuffle took place. Petitioner no. 2 has

          lodged Bodhgaya P.S. Case No. 54 of 2025 for the said

          occurrence wherein petitioner no. 2 has stated that when the

          informant caught hold of the daughter of petitioner no. 2, the

          petitioner no. 1 herein, petitioner no. 2 pushed the informant and

          she fell down. This version is corroborated from the injury

          report of the informant as the injury report shows only one

          injury on the head of the informant which is a lacerated wound

          of size 1" long on mid of skull. However, the injury was stated

          to be grievous due to hairline fracture. Thus, it is evident that

          there was no serious injury of the informant and absence of said

          injury alleged in the FIR to be inflicted by the co-accused

          persons along with the petitioners falsifies the whole allegation.

          The petitioners are having clean antecedent. Petitioner no. 1 is a

          teacher and petitioner no. 2 is housewife, who have

          been unnecessarily dragged in the present case over some petty

          issue.
Patna High Court CR. MISC. No.14541 of 2026(2) dt.01-04-2026
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                       5. Learned APP opposes the submission made on

          behalf of the petitioners. Learned APP submits that there is

          specific allegation against petitioner no. 1 to have assaulted on

          the head of the informant with rod which has been found to be

          grievous.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the petitioners are ladies and also considering the case

          and counter version and further considering the possibility of

          false implication, let the petitioners above named, in the event

          of their arrest or surrender before the court concerned within a

          period of eight weeks from today, be released on bail, on

          furnishing       bail     bonds      of     Rs.10,000/-   (Rupees   Ten

          Thousand Only) each with two sureties of the like amount each

          to the satisfaction of learned Chief Judicial Magistrate,

          Gaya/concerned court in connection with Bodhgaya P.S.

          Case No. 59 of 2025, subject to the condition as laid down

          under Section 482(2) of the B.N.S.S. and other following

          conditions :

                                          (i) One of the bailors will be a close

                                          relative of the petitioners.

                                          (ii) The petitioners will remain present
            Patna High Court CR. MISC. No.14541 of 2026(2) dt.01-04-2026
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                                                      on each and every date fixed by the

                                                      court below, if so required by the

                                                      learned trial court.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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