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Patna High Court

Indu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to all petitioners, subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioners, a group of ten individuals from Arthauli village, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 for alleged assault, outrage of modesty, robbery, and property damage on 29 September 2025. The prosecution alleged that the accused entered the informant’s house armed, assaulted the family, looted cash and gold, and damaged property. The petitioners contended that the incident stemmed from a land dispute, resulting in a mutual fight with injuries on both sides, and argued that the charges were general and omnibus. The State opposed bail, citing the seriousness of the offences. The Court, considering the case‑and‑counter‑case context and the petitioners’ varying antecedents, ordered bail for all petitioners upon furnishing a bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the BNSS. The bail order effectively disposed of the petition.

Issues considered

  • Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the BNSS.
  • Whether the case‑and‑counter‑case arising from a land dispute justifies granting bail.
  • Whether the conditions under Section 482(2) of the BNSS are satisfied for bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • outrage of modesty
  • robbery
  • property damage
  • land dispute
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2637 of 2026
                      Arising Out of PS. Case No.-700 Year-2025 Thana- VAISHALI District- Vaishali
                 ======================================================
           1.     Indu Devi W/o Patkar Rai Resident of village - Arthauli, Police Station -
                  vaishali, District - vaishali
           2.    Shakunti Devi W/o Ramnath Rai Resident of village - Arthauli, Police
                 Station - vaishali, District - vaishali
           3.    Suresh Ray @ Suresh Rai S/o Chetharu Ray Resident of village - Arthauli,
                 Nandlalpur, Police Station - vaishali, District - vaishali
           4.    Sujeet Kumar S/o Suresh Ray @ Suresh Rai Resident of village - Arthauli,
                 Nandlalpur, Police Station - Vaishali, District - vaishali
           5.    Anil Ray @ Anil Rai S/o Rajdev Ray Resident of village - Arthauli,
                 Nandlalpur, Police Station - Vaishali, District - vaishali
           6.    Vikku Rai @ Bhikhu Ray S/o Shital Rai Resident of village - Arthauli,
                 Police Station - Vaishali, District - vaishali
           7.    Arvind Kumar @ Arvind Rai S/o Jiyalal Ray Resident of village - Arthauli,
                 Police Station - Vaishali, District - vaishali
           8.    Dharmendra Ray @ Dharmendra Kumar S/o Jiyalal Ray Resident of village
                 - Arthauli, Nandlalpur, Police Station - Vaishali, District - vaishali
           9.    Sachin Kumar S/o Rajkishor Rai Resident of village - Arthauli, Nandlalpur,
                 Police Station - Vaishali, District - vaishali
           10. Aman Kumar S/o Rajkishor Ray Resident of village - Arthauli, Nandlalpur,
               Police Station - Vaishali, District - vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Roy, Advocate
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   22-06-2026                        Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 191(2),
Patna High Court CR. MISC. No.2637 of 2026(5) dt.22-06-2026
                                            2/3




          126(2), 115(2), 118(1), 109(1), 352, 351(2), 303(2), 324(4),

          324(5), 74 of B.N.S. 2023.

                       3. The prosecution case, in brief, is that on 29.09.2025

          all the FIR named accused persons including these petitioners

          armed variously entered into the house of informant and

          assaulted informant and her family member as a result of which

          they sustained injuries. It is further alleged that accused persons

          outraged the modesty of female members of famlily and looted

          cash of rupees 50,000/- , gold ornaments about five lakh and

          also damaged vehicle and property of informant.

                       4. It is submitted on behalf of the petitioners that on

          account of land dispute, a free fight took place between both the

          parties in which both sides inflicted injuries on each other. Case

          and counter case. Allegation of assault is general and omnibus

          against these petitioners. It is further orally submitted that

          Petitioner nos. 3 to 7 have got one criminal antecedent in which

          they are on bail and petitioner nos. 1, 2, 8, 9 and 10 claim clean

          antecedent.

                       5 . Learned counsel for the State oppose the bail

          petition .

                        6 Considering the backdrop of the case, case and

          counter case between the parties and other circumstances of the
          Patna High Court CR. MISC. No.2637 of 2026(5) dt.22-06-2026
                                                      3/3




                    case , in the event of arrest or surrender within eight weeks from

                    today, let the petitioners, as named above, be enlarged on bail on

                    furnishing bail bond of Rs.10,000/-(ten thousand) each with two

                    sureties of the like amount each to the satisfaction of the learned

                    JM 1st Class, Hazipur, Vaishali in connection with Vaishali P.S.

                    Case No. 700 of 2025, subject to the conditions laid down

                    under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha

                    Sanhita ( BNSS) , 2023 .



                                          (Prabhat Kumar Singh, J)
Koushik/Alok
Raj-

U     T


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