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Patna High Court

Sarita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-
U      T


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