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Patna High Court

Bedami DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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