Patna High Court
Kiran Devi @ Kiran KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the BNSS, 2023.
Summary
The petitioners, six residents of Deora Takiya, were charged under IPC sections 147, 149, 307, 448, 504 and 506 for allegedly entering the informant’s house armed and assaulting him and his family. They contended that the incident arose from a quarrel between the children of the two families, leading to mutual injuries, and asserted that they have a clean antecedent. The State opposed the bail application. The court examined the seriousness of the offences, the petitioners’ clean record and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions. The bail order was made subject to the satisfaction of the JM Gaya in connection with the case.
Issues considered
- Whether bail should be granted to the accused persons charged under sections 147, 149, 307, 448, 504 and 506 of the IPC
- Whether the petitioners’ clean antecedent and the circumstances justify bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 147, 149, 307, 448, 504, 506
Subjects
- bail
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- assault
- attempt to murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2078 of 2026
Arising Out of PS. Case No.-416 Year-2022 Thana- KONCH District- Gaya
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1 . Kiran Devi @ Kiran Kumari Son of Subhash Kumar Resident of Village -
Deora Takiya, Usas, P.S.- Konch, District - Gayaji.
2. Suresh Paswan Son of Late Kali Paswan Resident of Village - Deora Takiya,
Usas, P.S.- Konch, District - Gayaji.
3. Rajesh Paswan Son of Balgovind Paswan Resident of Village - Deora
Takiya, Usas, P.S.- Konch, District - Gayaji.
4. Balgovind Paswan Son of Bifan Paswan Resident of Village - Deora Takiya,
Usas, P.S.- Konch, District - Gayaji.
5. Yogendra Kumar Son of Late Shiv Paswan@ Late Bodh Paswan Resident of
Village - Deora Takiya, Usas, P.S.- Konch, District - Gayaji.
6. Vikash Paswan Son of Nand Kumar Paswan Resident of Village - Deora
Takiya, Usas, P.S.- Konch, District - Gayaji.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 147, 149,
307, 448, 504 and 506 of the Indian Penal Code .
3 . As per F.I.R., these petitioners along with other
co-accused persons entered into the house of the informant
armed with various weapons and assaulted the informant and his
Patna High Court CR. MISC. No.2078 of 2026(2) dt.31-01-2026
2/2
family members due to which informant and 4 others sustained
injuries.
4. It is submitted on behalf of the petitioners that
quarrel between the children of both the parties, led to an
altercation between them in which both sides inflicted injuries
on each other. Case and counter case . Petitioners claim clean
antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
J M Gaya ji in connection with Konch P.S. Case No. 416 of
2022 , subject to the conditions laid down under section 482
( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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