Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioners, subject to a bond and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita, 2023.
Summary
The petitioners, Kiran Devi Dhanayee and Richa Kumari, were named in an FIR (PS Case No. 327 2025) under several sections of the Bhartiya Nyaya Sanhita, 2023, alleging assault on the informant’s son and wife. They contend they are innocent, asserting that the case stems from petty village politics and that they are implicated only as family members without specific allegations. The informant’s counsel opposes bail, citing grievous injuries to his family, while the State’s counsel also opposes bail but acknowledges the lack of specific charges against the petitioners. The court examined the nature of the allegations, the petitioners’ clean record, and the principle of anticipatory bail under the BNS. It ordered that the petitioners be released on anticipatory bail, subject to a bond of Rs 30,000 each and conditions under Section 482(2) of the BNS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bhartiya Nyaya Sanhita, 2023 given the allegations of assault and the absence of specific charges against them.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 2(1)(d), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Bhartiya Nyaya Sanhita
- section 126
- section 115
- section 118
- section 109
- section 352
- section 351
- section 3
- village dispute
- criminal law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21697 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- PARSA District- Saran
======================================================
1. Kiran Devi Dhanayee sah Resident of Village - Bankerwa, P.S. - Parsa, Dist.
- Saran.
2. Richa Kumari @ Riya Kumari D/o Dhanayee Sah Resident of Village -
Bankerwa, P.S. - Parsa, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the State : Mr. Humayou Ahmad Khan, APP
For the Informant : Mr. Yogesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners, learned
APP for the State and learned counsel for the informant.
2. The petitioners are apprehending arrest in
connection with Parsa P.S. Case No. 327 of 2025, dated
24.10.2025, lodged under Sections 126(2), 115(2), 118(1), 109,
352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023
(hereinafter referred to as “BNS, 2023”).
3. As per the prosecution, an FIR has been lodged
against five named accused persons, including the present
petitioners, alleging that all the accused, in connivance with
each other, assaulted the informant’s son, causing injuries to his
head and brutally assaulting him. It is further alleged that the
informant’s wife was also assaulted.
Patna High Court CR. MISC. No.21697 of 2026(2) dt.08-04-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel further submits that both the petitioners’ side and the
informant’s side are residents of the same village, and due to
petty village politics, a scuffle took place, resulting in injuries to
both sides and criminal cases being lodged by both parties.
5. Counsel further submits that Complaint Case No. 5
of 2026 was lodged by Petitioner No. 1 against the informant’s
side, and, in retaliation, the informant also lodged a criminal
case. It is submitted that there are no specific allegations against
the present petitioners, they are being implicated only as family
members, and the allegations against them are general and
omnibus in nature. Counsel further submits that the petitioners
are ready to comply with any conditions that may be imposed
upon them and their criminal antecedents are clean.
6. Learned counsel for the informant vehemently
opposes the prayer for bail and submits that there are allegations
of injuries caused to the informant’s two sons as well as his
wife. Counsel further submits that the injuries are grievous in
nature, therefore, the bail application of the petitioners should
be rejected.
Patna High Court CR. MISC. No.21697 of 2026(2) dt.08-04-2026
3/3
7. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that there are no
specific allegations against the present petitioners.
8. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of A.C.J.M.,-1st, Saran at Chapra, in connection
with Parsa P.S. Case No. 327 of 2025, subject to the conditions
as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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