Patna High Court
Sharda DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail should be granted to the petitioners subject to bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, a group of villagers from Tetaria, sought bail after being implicated in a case registered under Sections 191(2), 190, 126(2), 115(2), 109(1), 352 and 351(2) of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and his family. The prosecution alleged that the accused abused and assaulted the informant, causing injuries, while the petitioners contended that the allegations arose from a petty village dispute, that the FIR was lodged two days after the incident without justification, and that they have no prior criminal record. The petitioners offered to cooperate with the investigation and emphasized the minor nature of the injuries. The State and the informant opposed bail. Considering the case‑and‑counter‑case, the petitioners’ clean antecedent, the delay in filing the FIR and the minor injuries, the court granted bail subject to a bond of Rs 10,000 and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail order was conditioned on surrender or arrest within six weeks.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the delay in filing the FIR and the absence of prior criminal antecedent justify bail.
- Whether the alleged assault constitutes a non‑bailable offence warranting denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 190, 191(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- FIR delay
- section 191
- section 190
- section 126
- section 115
- section 109
- section 352
- section 351
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- village dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15280 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- KOCHAS District- Rohtas
======================================================
1. Sharda Devi W/O Shiv Mohar Ram Resident of village - Tetaria, P.S.
Kochas, Dist.- Rohtas
2. Sanjay Ram Son of Late Lal Mohar Ram Resident of village - Tetaria, P.S.
Kochas, Dist Rohtas
3. Chunmun Kumar Son of Shiv Mohar Ram Resident of village - Tetaria, P.S.
Kochas, Dist Rohtas
4. Ajit Ram Son of Shiv Mohar Ram Resident of village - Tetaria, P.S. Kochas,
Dist Rohtas
5. Sonia Devi @ Soni Devi Wife of Srikant Ram Resident of village - Tetaria,
P.S. Kochas, District Rohtas
6. Mithlesh Ram @ Mithlesh Kumar Son of Srikant Ram Resident of village -
Tetaria, P.S. Kochas, District Rohtas
7. Shiv Mohar Ram Son of Nathuna Ram @ Nathuni Ram Resident of village -
Tetaria, P.S. Kochas, Dist.- Rohtas
8. Srikant Ram Son of Nathuna Ram @ Nathuni Ram Resident of village -
Tetaria, P.S. Kochas, Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamla Kant Pandey, Advocate
For the State : Mr. Binod Kumar, APP
For the Informant : Mr. Rameshwar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered under Sections 191(2), 190, 126(2), 115(2), 109(1),
352 and 351(2) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, all the accused persons
Patna High Court CR. MISC. No.15280 of 2026(3) dt.12-05-2026
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including the petitioners abused and assaulted the informant and
his family members due to which they sustained injuries.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case. Further submission is that petitioners and
informant are co-villagers and due to petty dispute, some
altercation took place between them. There is case and counter
case between the parties. The F.I.R. has been lodged after a
delay of two days without any plausible reason. The nature of
the injury to the injured is simple. Petitioners have no criminal
antecedent. They undertake to cooperate in the investigation and
trial.
5. Learned A.P.P. appearing on behalf of the State
and learned counsel for the informant opposed the bail
application.
6. Having considered the facts and circumstances
of the case, submissions of learned counsel for the parties, the
case and counter case between the parties and fair antecedent of
petitioners, let the above named petitioners be released on bail,
in the event of arrest or surrender before the learned court below
within a period of six weeks from today, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
Patna High Court CR. MISC. No.15280 of 2026(3) dt.12-05-2026
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sureties of the like amount each to the satisfaction of learned
Sub-Judge-VIII-cum-Additional Chief Judicial Magistrate,
Rohtas at Sasaram in connection with Kochas P.S. Case No. 131
of 2025, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
Utkarsh/- Koustav/-
U T
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