Patna High Court
Bedami DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Bedami Devi and Ishlok Mahto, sought bail fearing arrest in a criminal case (Raghopur P.S. Case No. 269 of 2025) alleging assault on a five‑year‑old boy and eye injury with a needle. The prosecution alleged that petitioner No.1 assaulted the child and petitioner No.2 pricked the child's left eye with a needle. The petitioners contended they were falsely implicated, highlighting a delay between the alleged incident (31‑07‑2025), the complaint (10‑09‑2025) and the FIR (02‑10‑2025), and a medical report indicating the injury occurred on 29‑07‑2025, suggesting an accidental needle injury. The court noted the doubtful nature of the allegations and the possibility of false accusation, and consequently ordered bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the Bharatiya Nyaya Sanhita. The petitioners were directed to appear before the trial court as required.
Issues considered
- Whether bail should be granted to the petitioners given the allegations of assault and eye injury.
- Whether the delay in filing the complaint and the medical evidence raise a reasonable doubt about the prosecution's case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 191(2), 191(3), 303(2) r/w 3(5), 482(2), 76
Subjects
- bail
- false accusation
- delay in complaint
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- assault
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28906 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
1. Bedami Devi W/o Ishlok Mahto @ Ram Ishlok Mahto @ IIok Mahto
Resident of Village - Nayaka Pari, P.S- Raghopur, District -Vaishali
2. Ishlok Mahto @ Ram Ishlok Mahto @ IIok Mahto S/o Vishuni Mahto
Resident of Village - Nayaka Pari, P.S- Raghopur, District -Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners are
apprehending their arrest in connection with Raghopur P.S. Case
No. 269 of 2025 registered for the alleged offence under
Sections 191(2), 191(3), 115(2), 109, 76, 303(2) r/w 3(5) of
Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the petitioner no. 1
assaulted the five year old son of the complainant/informant and
the petitioner no. 2 damaged his left eye by pricking it with a
needle.
04. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.28906 of 2026(2) dt.05-05-2026
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petitioners are innocent and have been falsely implicated in this
case. The informant and the petitioners are agnates. As per
complaint, the occurrence took place on 31.07.2025 but the
complaint was filed only on 10.09.2025 whereas the FIR has
been registered on 02.10.2025 but there is no explanation for the
delay in lodging the complaint petition. Further, the son of the
informant was treated at IGIMS, Patna wherein the
complaint/informant himself stated that the injury in the left eye
of his son was caused by needle stick on 29.07.2025 at 06:00
pm. This falsifies the allegation that on 31.07.2025, petitioner
no. 2 put a needle in the left eye of son of the informant.
Learned counsel further submits that no occurrence as alleged in
the manner took place and it appears while playing, the son of
the informant stuck a needle in his left eye and taking advantage
of this fact, the informant has falsely implicated the petitioners
who are having clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
doubtful nature of allegation and further considering the
possibility of false accusation, let the petitioners above named,
Patna High Court CR. MISC. No.28906 of 2026(2) dt.05-05-2026
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in the event of their arrest or surrender before the court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Vaishali at Hajipur/court concerned in connection
with Raghopur P.S. Case No. 269 of 2025, subject to the
condition laid down under Section 482(2) of BNSS and other
following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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