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Patna High Court

Bimlesh Devi @ Bimlesh KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.24771 of 2026(2) dt.22-04-2026
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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
Patna High Court CR. MISC. No.24771 of 2026(2) dt.22-04-2026
                                            3/4




          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
          Patna High Court CR. MISC. No.24771 of 2026(2) dt.22-04-2026
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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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