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Patna High Court

Sharmili DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.16264 of 2026(2) dt.06-04-2026
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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,
Patna High Court CR. MISC. No.16264 of 2026(2) dt.06-04-2026
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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
            Patna High Court CR. MISC. No.16264 of 2026(2) dt.06-04-2026
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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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