Patna High Court
Sharmili DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail must be granted because the injuries are not serious enough to deny bail and the offences are bailable, subject to conditions.
Summary
The petitioners, six residents of Delha village, sought bail fearing arrest in a case (Delha P.S. Case No. 159 of 2025) alleging assault under Sections 126(2), 115(2), 110, 76, 351(2), 352 and 3(5) of the Bihar Negotiable Statutes. The prosecution alleged that the petitioners entered the informant's house and brutally assaulted her and family members, causing injuries including a grievous wound to the informant's right ring finger. The petitioners contended they were innocent, the injuries were simple except for one non‑vital grievous injury, the offences were bailable, and they had a clean antecedent. The State and the informant opposed bail, emphasizing the brutality of the assault. The court, considering the non‑serious nature of most injuries, the fact that the grievous injury was not on a vital part, and the bailable character of the offences, ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties and complying with conditions under Section 482(2) of the Bihar Negotiable Statutes.
Issues considered
- Whether bail should be granted to the petitioners in a case of alleged assault with both simple and grievous injuries.
- Whether the nature of the injuries and the bailability of the offences justify bail under Section 482(2) of the Bihar Negotiable Statutes.
Subjects
- bail
- assault
- grievous injury
- bailable offences
- Section 482
- Bihar Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16264 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- DELHA District- Gaya
======================================================
1. Sharmili Devi W/o Nanhku Saw R/o Mohalla- Bageshwari Gumati Bam
Baba, P.S- Delha, District- Gaya
2. Khushabu Devi @ Khushbu Devi @ Khusbu kumari W/o Raju Kumar @
Raju Saw R/o Mohalla- Bageshwari Gumati Bam Baba, P.S- Delha, District-
Gaya
3. Raju Kumar @ Raju Saw S/o Rajkumar Saw R/o Mohalla- Bageshwari
Gumati Bam Baba, P.S- Delha, District- Gaya
4. Dharam Kumar S/o Nanhku Saw R/o Mohalla- Bageshwari Gumati Bam
Baba, P.S- Delha, District- Gaya
5. Raushan Kumar S/o Nanhku Saw R/o Mohalla- Bageshwari Gumati Bam
Baba, P.S- Delha, District- Gaya
6. Sagar Saw @ Sagar kumar S/o Nanhku Saw R/o Mohalla- Bageshwari
Gumati Bam Baba, P.S- Delha, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar, Advocate
For the State : Mr.Choubey Jawahar, APP
For the Informant : Mr. Brij Mohan Das, Advocate
======================================================
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 as well as learned counsel appearing on behalf
of the informant.
2. In the present case, the petitioners are
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apprehending their arrest in connection with Delha P.S. Case
No. 159 of 2025 registered for the offences under Sections
126(2), 115(2), 110, 76, 351(2), 352, 3(5) of B.N.S.
3. As per prosecution case, the petitioners and
other co-accused persons entered into the house of the
informant and brutally assaulted the informant and her family
members.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. There is general and omnibus allegation of
assault against the petitioners, two of whom are ladies
aged about 51 years and 35 years. The injuries are found to be
simple in nature except one injury which is stated to be
grievous and is on the ring finger of right hand which is not a
vital part. There was no intention to cause death and other
offences are bailable in nature. The petitioners are having clean
antecedent.
5. Learned APP as well as learned counsel appearing
on behalf of the informant vehemently oppose the submission
made on behalf of the petitioners. Learned counsel for the
informant submits that the petitioners also brutally assaulted the
husband of the informant causing injury in his left ear lobe,
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swelling and pain on the head and body whereas the injuries of
the informant are swelling and pain over both eyelids in left eye,
abdomen and swelling of middle and ring finger in right hand.
The injury on the right hand of the informant is stated to be
grievous.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
non-serious nature of injury and also considering the grievous
injury is not on any vital part, 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 Delha P.S.
Case No. 159 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
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court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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