Patna High Court
Lakshmi Devi @ Sonashri RajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioners subject to bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Lakshmi Devi and Manish Kumar, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita and the Arms Act. The prosecution alleged that the petitioners, along with others, assaulted the informant's family when the informant was absent. The petitioners contended they were innocent, falsely implicated due to a family dispute, and highlighted a five‑day delay in filing the FIR, their clean criminal record, and an amicable settlement between the parties. The State opposed the bail application. Considering the nature of the allegations, the petitioners' antecedents, the settlement, and the procedural delay, the court ordered bail on the condition of a bond and sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the delay in lodging the FIR and the amicable settlement justify bail
- Whether the petitioners' clean antecedent and cooperation with investigation affect the bail decision
Legislation cited
- Arms Act — s. 25(1-B)(i), 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 126(2), 3(5), 351(3), 352, 74, 79
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- family dispute
- amicable settlement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27377 of 2026
Arising Out of PS. Case No.-963 Year-2025 Thana- GARKHA District- Saran
======================================================
1. Lakshmi Devi @ Sonashri Raj Wife of Ranjan Kumar D/o Raj Kishor Ray,
Resident of village - Tahal Tola, P.S.- Garkha, District - Saran at Chapra.
2. Manish Kumar Son of Raj Kishor Ray Resident of village Aloni, P.S.-
Garkha, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 118(1), 79, 74, 351(3),
352, 3(5) of Bharatiya Nyaya Sanhita and Sections 25(1-B)(i)
and 27 of the Arms Act.
3. As per the prosecution case, on the alleged date and
time of occurrence, when informant was not at his house, all the
accused persons including the petitioners came at his house and
assaulted his family members.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Further
submission is that petitioner no. 1 is daughter-in-law of the
informant and petitioner no. 2 is brother of petitioner no. 1 and
due to family dispute, they have been falsely implicated in this
Patna High Court CR. MISC. No.27377 of 2026(2) dt.06-05-2026
2/2
case. There is delay of 5 days in lodging the F.I.R. and now
amicable settlement has been arrived between the parties.
Petitioners have no criminal antecedent. They undertake to
cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation, fair antecedent of the petitioners as well as the fact
that the matter has been amicably settled between the parties, let
the above named petitioners be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate-I, Saran at Chapra in connection with Garkha P.S.
Case No. 963 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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