Patna High Court

Urmila Devi @ Tumila DeviversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied to petitioners 2 and 3 but granted to petitioner 1 subject to a bail bond and sureties under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners applied for anticipatory bail fearing arrest under several sections of the Bhartiya Nyaya Sanhita for alleged assault on an informant and her family. The prosecution alleged that Urmila Devi obstructed and abused the informant, while her relatives, including Salen Kumar Yadav and Pappu Kumar Yadav, inflicted grievous injuries using a farsa and iron rod. The court examined the seriousness of the injuries and the presence of overt acts. It rejected anticipatory bail for petitioners 2 and 3 due to the grievous nature of the hurt, but, noting that petitioner 1 is a woman and no overt act was alleged against her, granted her bail on a bond of Rs.10,000 with two sureties, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The application was disposed of accordingly.

Issues considered

Whether anticipatory bail can be granted to petitioner 1 in the absence of any overt act.
Whether anticipatory bail should be denied to petitioners 2 and 3 given the grievous injuries caused.
Whether conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 are appropriate for granting bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352

Subjects

anticipatory bail
grievous hurt
assault
section 482
bail conditions
gender considerations
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.318 of 2026
                      Arising Out of PS. Case No.-315 Year-2025 Thana- BHARGAMA District- Araria
                 ======================================================
           1.     Urmila Devi @ Tumila Devi W/O Fulo Yadav Resident at Sirsiya Kala,
                  Ward No. 06, P.S.- Bhargama, District- Araria
           2.    Salen Kumar Yadav @ Salan Yadav S/O Fulo Yadav Resident at Sirsiya
                 Kala, Ward No. 06, P.S.- Bhargama, District- Araria
           3.    Pappu Kumar Yadav S/O Fulo Yadav Resident at Sirsiya Kala, Ward No. 06,
                 P.S.- Bhargama, District- Araria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K.Agrawal, Sr.Adv.
                                                  Mr.Vijay Anand
                 For the Opposite Party/s :       Mr.Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   22-01-2026                    Heard learned senior counsel for the petitioners and

                   learned A.P.P. for the State.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 118(1),

                   109, 303(2), 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita.

                                 3. As per the prosecution case, on 05.09.2025 at about

                   6 PM, when the informant was returning home with her goat,

                   petitioner no. 1 (Urmila Devi) obstructed her way and started

                   abusing her and on protest by informant, other family members

                   of petitioner no. 1 came and started assaulting her. It is further

                   alleged that when informant's son and husband came to save her,
           Patna High Court CR. MISC. No.318 of 2026(2) dt.22-01-2026
                                                       2/2




                     they were also assaulted. Petitioner no. 3 (Pappu Kumar Yadav)

                     assaulted informant's husband with farsa, causing head injury

                     and petitioner no. 2 (Salen Kumar Yadav) assaulted on the head

                     of informant’s son with iron rod. The injuries, sustained by

                     informant’s husband and son, have been found to be grievous in

                     nature.

                                  4. Considering the nature of injury, the prayer for

                     anticipatory bail of petitioner nos. 2 & 3 is rejected.

                                  5. However, since petitioner no. 1 is lady and there is

                     no allegation of overt act against her, in the event of her

                     arrest/surrender within a period of eight weeks from today, let

                     the petitioner no.1 namely Urmila Devi @ Tumila Devi be

                     enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned Judicial Magistrate 1st Class-cum-AM

                     VIII, Araria in connection with Bhargama P.S. Case No. 315 of

                     2025, subject to condition as laid down under Section 482 of the

                     Bhartiya Nagrik Suraksha Sanhita, 2023.

                                  6. This application is, accordingly, disposed of.



                                                        (Prabhat Kumar Singh, J)
anay

U      T

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