Patna High Court

Mintu DeviversusThe State of Bihar

Decided: 23 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail in the present case.

Summary

Mintu Devi was arrested in connection with a case registered under several sections of the Bihar Non‑Compulsory (BNS) Act, including assault and grievous hurt. The prosecution alleged that Vikash Kumar stabbed the informant's husband with a knife and that the petitioner assaulted Meera Devi with an iron rod. The defence argued that the primary accusation was against Vikash, that the medical report indicated injuries caused by a sharp object contrary to the claim of a blunt iron rod, and highlighted the petitioner’s lack of prior criminal record and her gender. The State opposed the bail application. After considering the inconsistencies in the evidence, the petitioner’s clean record, and the circumstances of her custody, the Court decided to grant bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the BNS Act
Whether the inconsistency between the injury report and the alleged weapon justifies granting bail
Whether the petitioner’s lack of prior criminal antecedents and gender are relevant factors for bail

Subjects

bail
criminal procedure
assault
injury report
evidence inconsistency
gender
no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17283 of 2026
                     Arising Out of PS. Case No.-14 Year-2026 Thana- SHEIKHOPUR SARAI District-
                                                       Sheikhpura
                 ======================================================
                 Mintu Devi W/O Vivekanand Singh R/o Village - Nimmi P.S.- Shekhopur
                 Sarai, District- Sheikhpura                           ... ... Petitioner/s
                                              Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Dr. Anjani Pd. Singh, Advocate
                 For the Opposite Party/s :      Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Shekhopur Sarai P.S. Case No.14 of 2026 registered for the

                   offence punishable under Sections 126(2), 115(2), 117(2),

                   109(1), 351(2), 352 & 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that one

                   Vikash Kumar has assaulted with knife to the husband of the

                   informant. It is further alleged that this petitioner has assaulted

                   with iron rod on the head of one Meera Devi.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that actually the main thrust of

                   allegation is against Vikash. Learned counsel for the petitioner

                   has further submitted that the whole family members are

                   implicated in this case and from perusal of the injury report of
            Patna High Court CR. MISC. No.17283 of 2026(2) dt.23-03-2026
                                                        2/2




                      Meera Devi it transpires that the Doctor has mentioned that the

                      injury was caused by sharp object whereas the allegation is that

                      the petitioner has assaulted with iron rod which is hard and

                      blunt object. Learned counsel for the petitioner has further

                      submitted that the allegation does not co-relate with the injury

                      of the injured Meera Devi. It has further been submitted tha the

                      petitioner is a lady and she is in custody since 13.01.2026

                      having no criminal antecedent.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned court of

                      Chief Judicial Magistrate, Sheikhpura in connection with

                      Shekhopur Sarai P.S. Case No.14 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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