Patna High Court
Indu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 118(1), 126(2), 191(2), 303(2), 324(4), 324(5), 351(2), 352, 482(2), 74
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
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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
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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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