Patna High Court
Rupali Kumari @ Rupali KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted pre‑arrest bail to the petitioners subject to specified conditions.
Summary
The petitioners, three relatives from Gopalganj, sought pre‑arrest bail in connection with a case arising from a land‑related dispute during borewell drilling, where they were alleged to have assaulted an informant using various weapons, leading to injuries. The FIR listed offences under Sections 126(2), 115(2), 118(1), 109(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita. The petitioners argued that the injuries were simple, they have a clean record, two are women and one suffers from a liver disease, and they would cooperate with the court. The State opposed bail, contending the petitioners actively participated in the crime. Considering the genesis of the incident, the simple nature of the injury, and the petitioners' fair antecedent, the court granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and additional conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita
- Whether the simple nature of the injury and the petitioners' antecedents justify bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 352
Subjects
- pre‑arrest bail
- land dispute
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- simple injury
- fair antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2766 of 2026
Arising Out of PS. Case No.-403 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
1. Rupali Kumari @ Rupali Kumar Daughter of Vinod Sah Resident of Village
Kritpura (Bangra), P.S.- Baikunthpur, District - Gopalganj (Bihar).
2. Deepak Sah @ Deepak Kumar Son of Vinod Sah Resident of Village
Kritpura (Bangra), P.S.- Baikunthpur, District - Gopalganj (Bihar).
3. Munni Devi Wife of Vinod Sah Resident of Village Kritpura (Bangra), P.S.-
Baikunthpur, District - Gopalganj (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Shekhar, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. The petitioners are apprehending their arrest in
connection with Baikunthpur P.S. Case No. 403 of 2025,
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109(1), 352 and 3(5) of the Bharatiya Nyaya
Sanhita.
3. Allegedly the accused persons were found engaged in
borewell drilling of hand pump in the field of the informant and
when the same was objected, all the accused persons brutally
Patna High Court CR. MISC. No.2766 of 2026(2) dt.04-02-2026
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assaulted. It is specifically alleged that petitioner no. 2 and 3 has
assaulted the informant by means of farsha, due to which she
sustained serious injury. There is further allegation against other
accused persons of causing assault by means of lathi and danda.
4. Learned Advocate appearing on behalf of the
petitioners submitted that from the FIR it is evident that the
genesis of the occurrence is a land dispute which led to some
scuffle and unfortunate injuries to the informant. However the
injuries which are allegedly sustained to the informant are
concerned, the same have been found to be simple in nature, as
is evident from the impugned order. The petitioner nos. 1 and 3
are women whereas petitioner no. 2 is suffering from liver
disease. Moreover, the petitioners are persons of fair antecedent
and they undertake that they will fully cooperate in the
proceeding of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that the petitioners have actively participated in the crime.
6. Regard being had to the submissions made on
behalf of the parties and considering the genesis of the
occurrence, coupled with the simple nature of injury, as well as
fair antecedent of the petitioners, let the petitioners above
Patna High Court CR. MISC. No.2766 of 2026(2) dt.04-02-2026
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named be released on bail, in the event of their arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, 1st Class, Gopalganj in connection with
Baikunthpur P.S. Case No. 403 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023 with the further condition that one of
the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
supratim/-
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