Patna High Court
Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioners are entitled to bail on condition of surrender within eight weeks and furnishing bail bonds, as the allegations are not specific and the petitioners have clean antecedents.
Summary
The petitioners, a group of residents from Chakmath village, were charged under multiple sections of the Bhartiya Nyaya Sanhita for allegedly assaulting a neighbour, injuring family members, and stealing a locket and cash. They contended that the allegations were vague, stemmed from a petty neighbour dispute, and that they have clean antecedents. The State opposed their bail application. The court examined whether the charges were specific enough to justify denial of bail and considered the petitioners' background. Finding the allegations to be general and noting the petitioners' clean records, the court ordered that bail be granted on condition of surrender within eight weeks and furnishing a bail bond of Rs. 10,000 with two sureties, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order thus enlarges bail for all named petitioners.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita.
- Whether the FIR contains specific overt acts sufficient to deny bail.
- Whether the petitioners pose a flight risk or threat to the investigation.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 127(2), 303(2), 3(5), 351(3), 74
Subjects
- bail
- criminal procedure
- assault
- robbery
- Bhartiya Nyaya Sanhita
- Section 482
- high court
- petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1873 of 2026
Arising Out of PS. Case No.-381 Year-2025 Thana- TEKARI District- Gaya
======================================================
1. Rinku Devi W/O- Raj Kumar Nishad @ Raj Kumar Kewat Resident of
Village- Chakmath, P.S.- Tekari, Distt.- Gaya Ji
2. Savita Devi @ Babita Devi W/O- Late Bharat Kewat @ Bharat Nishad,
Resident of Village- Chakmath, P.S.- Tekari, Distt.- Gaya Ji
3. Kiran Devi @Kiran Kumari W/O- Rajesh Chaudhary @ Rajesh Kewat
Resident of Village- Chakmath, P.S.- Tekari, Distt.- Gaya Ji
4. Ganesh @ Ganesh Kumar S/O- Jitendra Chaudhari Resident of Village-
Chakmath, P.S.- Tekari, Distt.- Gaya Ji
5. Suraj Kumar S/O- Bharat Kewat Resident of Village- Chakmath, P.S.-
Tekari, Distt.- Gaya Ji
6. Gunjan Kumar S/O- Raj Kumar Kewat Resident of Village- Chakmath, P.S.-
Tekari, Distt.- Gaya Ji
7. Durga @ Durga Kumar S/O-Raj Kumar Kewat Resident of Village-
Chakmath, P.S.- Tekari, Distt.- Gaya Ji
8. Luv Kush @ Luv Kush Kumar S/O- Late Bharat Kewat Resident of Village-
Chakmath, P.S.- Tekari, Distt.- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mrs.Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 127(2), 115(2),
117(2), 118(1), 109, 74, 303(2), 351(3), 3(5) of the Bhartiya
Nyaya Sanhita.
Patna High Court CR. MISC. No.1873 of 2026(2) dt.29-01-2026
2/3
3. As per F.I.R., on 19.08.2025 at about 7:30 PM, all
the named accused persons including these petitioners, armed
with lathi & iron rod, entered the house of informant and
assaulted him & other family members, causing injuries to
them. It is further alleged that accused persons also snatched
locket from informant’s daughter-in-law and took out out cash
from the house of informant.
4. Learned counsel for the petitioners submits that
allegation of assault is general & omnibus and no specific overt
act has alleged against these petitioners. As a matter of fact,
both parties are next door neighbours and due to petty dispute,
altercation took place between them. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. - VI, Gaya Ji, in connection
with Tekari P.S. Case No. 381 of 2025, subject to condition as
Patna High Court CR. MISC. No.1873 of 2026(2) dt.29-01-2026
3/3
laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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