Patna High Court
Bimlesh Devi @ Bimlesh KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions, under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Bimlesh Devi, Bikarma Rai and Ravishankar Kumar, sought anticipatory bail fearing arrest in connection with Garkha Police Station Case No. 980 of 2025, which alleged offences under multiple sections of the Bhartiya Nagarik Suraksha Sanhita, 2023. The FIR, based on the informant Puja Kumari, alleged that the accused had molested her and later assaulted her with a country-made pistol, causing injury. The petitioners contended that they were falsely implicated, that the dispute stemmed from a land (Pattidari) conflict, and that they had no criminal antecedent, noting that other accused had already been granted regular bail. The State opposed the anticipatory bail application. Considering the lack of criminal antecedent, the existence of a land dispute, and the regular bail granted to co‑accused, the Court exercised its inherent powers under Section 482(2) of the B.N.S. and granted anticipatory bail subject to conditions, including cooperation with investigation and verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
- Whether the allegations in the FIR constitute sufficient ground for arrest of the petitioners.
- Whether the petitioners' claim of false implication and lack of criminal antecedent merit bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 117(2), 117(3), 118(2), 125(b), 126(2), 3(5), 352, 482(2), 74, 75(2), 76, 77, 79
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- false implication
- land dispute
- molestation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24771 of 2026
Arising Out of PS. Case No.-980 Year-2025 Thana- GARKHA District- Saran
======================================================
1. Bimlesh Devi @ Bimlesh Kumari W/O- Chandan Rai
2. Bikarma Rai Son of Dashai Rai
3. Ravishankar Kumar @ Ravishankar Son of Sri Bhagan Rai
All R/O Village- Sadhpur, P.S.- Garkha, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar, Adv.
For the Opposite Party/s : Mr.Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with in connection with Garkha P.S. Case No 980 of 2025
registered for the offence punishable under sections 126 (2),
115(2), 117 (2), 117 (3), 118 (2), 109 (1),125 (b), 79, 76, 74,
75(2), 77, 352, 3(5) of B.N.S., 2023.
3. As per prosecution case, Puja Kumari is informant
of this case and on 22-12-2025 at about 12. O' Clock she had
gone to attend call of nature in the way accused Nirbhay Kumar
and Ravi Shankar Kumar have molested her. She returned to her
house and told the matter to her mother. When the mother of
informant went to the house of both the accused persons to
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complaint about the incident, then these accused petitioners and
other accused persons of this case started assaulting them with
rod and danda. Accused Ravishankar and Nirbhay assaulted the
informant with but of country made pistol due to which she
received injury in her eye and blood started oozing. The
informant was taken to Sadar Hospital for treatment from where
she was referred to IGIMS, Patna for better treatment.
Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no and they have
falsely been implicated in this case. Learned counsel for the
petitioners further submits that there is general and omnibus
allegation against the petitioners and impugned order records
that in the statement of independent witnesses it has come that
there was ‘Marpit’ between the parties for ‘Pattidari’ and land
dispute and there is case and counter case between the parties.
Learned counsel for the petitioners next submits that the other
accused persons of this case have been enlarged on regular bail
by the court below vide B.P. No.44 of 2026 and 70 of 2026,
after their custody of about two months. The petitioners also do
not bear any criminal antecedent.
5. The learned APP opposes the anticipatory bail
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application.
6. From the perusal of the FIR, it appears that there is
general and omnibus allegation against the petitioners of having
assaulted the informant. The impugned order records that in the
statement of independent witnesses it has come that there was
‘Marpit’ between the parties for ‘Pattidari’ and land dispute and
there is case and counter case between the parties. It also
appears that the other accused persons of this case have been
enlarged on regular bail by the court below vide B.P. No.44 of
2026 and 70 of 2026, after their custody of about two months.
The petitioners also do not bear any criminal antecedent.
7. Considering all these aspects of the matter, this
Court is inclined to grant privilege of anticipatory bail to the
petitioners.
8. Accordingly, the petitioners above named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, Ist Class, Saran at Chapra in connection with
Garkha P.S. Case No 980 of 2025 subject to the conditions laid
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down under Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with following conditions:
(i) the petitioners shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioners and in case it is found that
the petitioners have concealed their criminal antecedents, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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