Patna High Court
Punam DeviversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that anticipatory bail is warranted and granted it subject to bond and surety conditions.
Summary
The petitioners, Punam Devi, Mantu Sharma and Shyam Sharma, sought anticipatory bail fearing arrest in a case (Pasraha PS No. 253/2025) alleging offences under Sections 126(2), 115(2), 109(1), 74, 352 and 3(5) of the Bihar Negotiable (BNS) Act. They claimed innocence, alleging false implication motivated by a family dispute, and highlighted that the injuries to the informant and her son were minor. The State opposed the bail application. Considering the petitioners' lack of criminal antecedent, the minor nature of injuries, and the circumstances of the dispute, the Court exercised its inherent powers under Section 482(2) of the BNSS and granted anticipatory bail, directing each petitioner to furnish a bail bond of Rs. 20,000 with two sureties each, within six weeks of arrest. The order was pronounced by Justice Shailendra Singh of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in view of the alleged offences and the factual circumstances.
Subjects
- anticipatory bail
- Section 482
- false implication
- minor injuries
- Criminal Procedure Code
- Bihar
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28783 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- PASRAHA District- Khagaria
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1. Punam Devi W/o Mantu Sharma R/o Village - Birbas, P.S. -
Pasraha(Khagaria), Dist. - Khagaria(Bihar).
2. Mantu Sharma S/o Shyam Sharma R/o Village - Birbas, P.S. -
Pasraha(Khagaria), Dist. - Khagaria(Bihar).
3. Shyam Sharma S/o Late Bhujangi Sharma R/o Village - Birbas, P.S. -
Pasraha(Khagaria), Dist. - Khagaria(Bihar).
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Mohan Singh, Adv.
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 01-05-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Pasraha P.S. Case No. 253/ 2025 registered for the
offence(s) punishable under Section(s) 126(2), 115(2), 109(1)
74, 352 and 3(5) of the BNS.
3. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated due to
ulterior motive. It is further submitted that the petitioner no.1 is
a lady and petitioner no.3 is an old person and the dispute
between the parties arose due to children’s fight and the
petitioners have no criminal antecedent. Learned counsel further
Patna High Court CR. MISC. No.28783 of 2026(2) dt.01-05-2026
2/2
submits that the injuries sustained by the informant and her son
are simple in nature.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioners.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with the nature of the injuries sustained by
the injured persons as well as genesis of the occurrence, this
court is inclined to grant the relief of anticipatory bail to the
petitioners. Accordingly, let the petitioners named-above, in the
event of their arrest/surrender before the learned court below
within a period of six weeks from today, be released on
anticipatory bail in connection with Pasraha P.S. Case No. 253/
2025 on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty
Thousand) each with two sureties of the like amount each to the
satisfaction of the Court concerned, subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
BKS/-
U T
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