Patna High Court
Sarita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioners subject to a bail bond and sureties, with conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, Sarita Devi and Lalu Manjhi, sought anticipatory bail fearing arrest in a case (PS Bodhgaya Case No. 213 of 2025) alleging assault on an informant and his family under several sections of the Bihar Negotiable Instruments Act (B.N.S.). They argued that the FIR contained vague, omnibus allegations and that the alleged assault stemmed from a land dispute, lacking the requisite mens rea for Section 109. The State opposed the bail. The Court noted that similar co‑accused had already been granted anticipatory bail and, considering the dispute’s nature and the absence of clear intent, ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail is warranted in the present case
- Whether Section 109 of the B.N.S. applies given the alleged lack of mens rea
- Whether the FIR’s general allegations justify denial of bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 109, 115(2), 118(1), 126(2), 190, 191(1)
- Bihar Negotiable Instruments Special Statutes — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- mens rea
- assault
- land dispute
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25128 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
1. Sarita Devi W/o Lalu Manjhi @ Lallu Manjhi R/o Village- Tekuna, PS-
Bodhgaya, Distt.- Gaya
2. Lalu Manjhi @ Lallu Manjhi S/o Narayan Manjhi R/o Village- Tekuna, PS-
Bodhgaya, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha
For the Opposite Party/s : Mr.Mohammed Arif
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections
191(1), 190, 126(2), 115(2), 118(1), 109 of the B.N.S.
3. Petitioners are said to have assaulted the informant
and his family members by means of lathi, danda and bricks
causing injuries to them.
4. Learned counsel for the petitioners submits that it
would be apparent from the First Information Report itself that
there are general and omnibus allegations in the First
Information Report with regard to assault upon the informant’s
son. It is further submitted that the dispute had taken place
between the gotiyas and there is case and counter case between
the parties. It is further submitted that some injuries may have
Patna High Court CR. MISC. No.25128 of 2026(2) dt.30-04-2026
2/2
been caused but Section 109 of the B.N.S. would not be
attracted in the said case on account of absence of mens rea. It is
pointed out that two other similarly situated co-accused persons
have already been granted anticipatory bail vide order dated
08.04.2026 passed in Cr. Misc. No. 18985 of 2026.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that an altercation
took place between the parties on account of land dispute and
similarly situated co-accused have already been granted bail, let
the above named petitioners in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, be enlarged on bail on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
with Bodhgaya P.S. Case No. 213 of 2025, subject to the
condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
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