Created by Fuzzy Cloud

Patna High Court

Rupali Kumari @ Rupali KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                         3/3




                       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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.