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Patna High Court

Kiran DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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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