Patna High Court
Sanju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The High Court granted bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Sanju Devi and three sons of the late Brahamdeo Yadav, sought relief from imminent arrest in a case (Lakhisarai PS Case No. 553 of 2025) alleging assault and robbery under several sections of the B.N.S. The prosecution alleged that the accused assaulted an informant with a brick, stone and iron rod, causing a head fracture and stole a gold earring. The petitioners contended they were falsely implicated, that the dispute was a minor water‑flow quarrel, and that the injuries were superficial and non‑serious as per the medical report. The counsel highlighted the lack of specific allegations against each accused and the petitioners' clean criminal record. Considering the minor nature of the injuries and the absence of any flight risk, the court exercised its inherent powers under Section 482(2) of the B.N.S.S. and ordered bail on a cash bond of Rs.10,000 with two sureties and additional conditions.
Issues considered
- Whether bail should be granted to the petitioners despite the serious‑sounding offences alleged.
- Whether the allegations against the petitioners are sufficiently specific to deny bail.
- Whether the petitioners pose a risk of fleeing or tampering with evidence.
Legislation cited
Subjects
- bail
- Section 482
- inherent powers
- assault
- minor injuries
- Bihar criminal law
- pre‑arrest relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16164 of 2026
Arising Out of PS. Case No.-553 Year-2025 Thana- LAKHISARAI District- Lakhisarai
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1. Sanju Devi Wife of Late Brahamdeo Yadav R/o Village - Bilauri, P.S. -
Lakhisarai, District - Lakhisarai.
2. Pankaj Yadav @ Aditya Suman Raj Son of Late Brahamdeo Yadav R/o
Village - Bilauri, P.S. - Lakhisarai, District - Lakhisarai.
3. Nitish Kumar @ Chhotu Son of Late Brahamdeo Yadav R/o Village -
Bilauri, P.S. - Lakhisarai, District - Lakhisarai.
4. Rajeev Kumar @ Karu Yadav Son of Late Brahamdeo Yadav R/o Village -
Bilauri, P.S. - Lakhisarai, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Shadab Alam Wazdi, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 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 Lakhisarai P.S.
Case No. 553 of 2025 registered for the offences under Sections
126(2), 118(1), 303(2), 352, 351(2), 3(5) of B.N.S.
3. As per prosecution case, the petitioners and
other co-accused persons abused and assaulted the informant
with brick, stone and iron rod causing fracture on her head.
They also snatched gold earring from the informant.
Patna High Court CR. MISC. No.16164 of 2026(2) dt.06-04-2026
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4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. The petitioners and informant side are resident of
same place and there is some dispute between them regarding
flow of water and some scuffle took place in which the
informant received injuries which are superficial. The injury
report shows injuries are simple in nature. Learned counsel
further submits that there is only one injury of size 3 x 2cm on
forehead, swelling over left elbow and swelling over chest of
size 2 x 2cm caused by hard and blunt object. The injury report
shows the injuries are non-serious and minor in nature.
Moreover, the allegations are non-specific and omnibus against
all the accused persons. The petitioners have no criminal
antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
simple and superficial nature of injury, 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/-
Patna High Court CR. MISC. No.16164 of 2026(2) dt.06-04-2026
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(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Lakhisarai/concerned court in connection with
Lakhisarai. P.S. Case No. 553 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 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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