Patna High Court
Shanti Devi @ Shiviti Devi@Shiriti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail.
Summary
The petitioners, Shanti Devi and Santosh Manjhi, applied for pre‑arrest bail in a case (Bodhgaya PS No.213/25) involving offences under Sections 191(1), 190, 126(2), 115(2), 118(1) and 109 of the Indian Penal Code. The FIR alleged that they assaulted the informant and his family in a land‑dispute, causing injury to the informant’s son with an alleged intention to kill. The petitioners contended they acted in self‑defence, have clean antecedents, and were falsely implicated. The State opposed bail. The Court, after noting the case‑and‑counter‑case facts and the petitioners’ clean record, held that they had made out a prima facie case for pre‑arrest bail and ordered their release on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) CrPC conditions.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 482(2) of the Code of Criminal Procedure given the nature of the offences alleged under the IPC.
- Whether the existence of a case‑and‑counter‑case and claim of self‑defence justify the grant of pre‑arrest bail.
- Whether the petitioners' clean antecedents outweigh the seriousness of the charges.
Legislation cited
- Code of Criminal Procedure — s. 482
- Indian Penal Code — s. 109, 115, 118, 126, 190, 191
Subjects
- pre‑arrest bail
- Section 482 CrPC
- Indian Penal Code
- self‑defence
- land dispute
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18985 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
1. Shanti Devi @ Shiviti Devi @ Shiriti Devi W/O Sukhdev Manjhi R/O
village- Tekuna, P.S- Bodhgaya, District- Gaya
2. Santosh Manjhi S/O late Ramdahin Manjhi R/O village- Tekuna, P.S-
Bodhgaya, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar, Advocate
For the Opposite Party/s : Mr.Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 Heard Mr. Vinod Kumar, learned counsel appearing
on behalf of the petitioners and Mr. Arun Kumar Singh, learned
APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Bodhgaya P.S. Case No. 213/25 registered for the
offence(s) punishable under Sections 191(1), 190, 126(2),
115(2), 118(1) and 109 of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioner had assaulted the
informant and his family members, with an intention to kill,
causing injury to the son of the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.18985 of 2026(2) dt.08-04-2026
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petitioners submitted that the petitioners are innocent and have
falsely been implicated in the present case. Petitioners and
informant are Gotia. There is case and counter case between the
parties and due to land dispute, an altercation took place in
which, both the sides sustained injuries and the petitioners in
the self-defence, may have caused some injury on the person of
the informant’s son without intention. Petitioners have clean
antecedents.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that there is case and counter case
between the parties and due to land dispute, an altercation took
place in which, both the sides sustained injuries and the
petitioners in the self-defence, may have caused some injury
on the person of the informant’s son without intention. I am of
the opinion that petitioners, who are having clean antecedents,
have, prima facie, made out a case to be released on pre-arrest
bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
Patna High Court CR. MISC. No.18985 of 2026(2) dt.08-04-2026
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surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Gaya /
Concerned Court in connection with Bodhgaya P.S. Case No.
213/25, subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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