Patna High Court

Sonwa DeviversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The court granted pre‑arrest bail to the petitioner, subject to a bond and conditions, as the alleged assault was not attributable to her.

Summary

The petitioner, Sonwa Devi, applied for pre‑arrest bail in a case (Sherghati P.S. Case No. 270 of 2025) involving alleged assault under several sections of the BNS. The FIR alleges that the accused, including the petitioner, assaulted an informant causing a grievous head injury, but the specific allegation of assault is directed at co‑accused Soni Manjhi. The petitioner contended she was falsely implicated and, being a woman, should not be held liable for the injury. The State opposed the bail. After considering the submissions and noting that the assault is not attributable to the petitioner, the court granted pre‑arrest bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C and Section 482(2) BNSS, and directed the District Court to verify any other criminal antecedents.

Issues considered

Whether the petitioner is liable for the assault alleged in the FIR and thus eligible for pre‑arrest bail.
Whether the conditions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS are satisfied for granting bail.
Whether the petitioner’s gender and alleged false implication affect the bail decision.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

pre‑arrest bail
assault
false implication
Section 438 Cr.P.C
Section 482 BNSS
Bihar
gender considerations
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21243 of 2026
                       Arising Out of PS. Case No.-270 Year-2025 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Sonwa Devi W/O Umesh Manjhi R/O Village- Gopalpur, P.S- Sherghati,
                 Distt.- Gaya.
                                                                    ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar, Advocate.
                 For the Opposite Party/s :       Mr.Anant Kumar 1, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-04-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Sherghati P.S. Case No. 270 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 74, 110, 352

                   and 3(5) of the BNS.

                                3. As per the allegation made in the F.I.R., the accused

                   persons including the petitioner assaulted the informant causing

                   head injury.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and she has

                   falsely been implicated in the case. Petitioner is a lady. The

                   specific allegation of assault is against co-accused Soni Manjhi.

                   The injury sustained by the victim though is grievous in nature,

                   but the same is not attributable to the petitioner.

                                5. Learned APP for the State has vehemently opposed
           Patna High Court CR. MISC. No.21243 of 2026(2) dt.16-04-2026
                                                       2/2




                     the prayer for grant of pre-arrest bail to the petitioner.

                                  6. Having heard the rival submissions made on behalf

                     of the parties, as well as, having perused the allegation made in

                     the F.I.R., specific allegation of assault is against co-accused

                     Soni Manjhi and the injury sustained by the victim though is

                     grievous in nature, but the same is not attributable to the

                     petitioner, the petitioner, above named, who is a lady, is directed

                     to be released on pre-arrest bail, in the event of her arrest or

                     surrender before the Court below within a period of four weeks

                     from today, on furnishing bail bond of Rs. 10,000/- (Ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned District Court where the case is pending

                     in connection with Sherghati P.S. Case No. 270 of 2025, subject

                     to the condition as laid down under Section 438(2) Cr.P.C /

                     482(2) BNSS.

                                  7. The District Court is directed to verify the criminal

                     antecedent of the petitioner and if it is found that the petitioner

                     is involved in some other cases as what has been stated in Para-

                     3 of the bail petition, this order will automatically lose its force.

                                  8. The bail application stands disposed of.


                                                         (Purnendu Singh, J)
mantreshwar/-
U      T

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