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Patna High Court

Jyoti KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that given the clean antecedent of the petitioners, the nature of the allegations and the period of custody, regular bail must be granted.

Summary

Petitioners Jyoti Kumari and Sita Devi, women from Siwan, were arrested in connection with a land‑dispute‑related assault alleged under several sections of the Bharatiya Nyaya Sanhita. They were accused of assaulting an informant with an iron rod and a farsa, and have been in custody since 11 July 2025 with a charge‑sheet already filed. The petitioners, represented by Mr. Ranjeet Kumar Pandey, claimed a clean antecedent and argued that the allegations were general and omnibus. The State, through its A.P.P., opposed the bail. The court considered the nature of the allegations, the petitioners' clean record, and the length of custody, and allowed the regular bail application, directing release on a bail bond of Rs. 10,000 with two sureties each.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita
  • Whether the petitioners' clean antecedent and period of custody justify the grant of bail

Legislation cited

Subjects

  • regular bail
  • assault
  • land dispute
  • clean antecedent
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3264 of 2026
                     Arising Out of PS. Case No.-175 Year-2025 Thana- GORIAKOTHI District- Siwan
                 ======================================================
           1.     Jyoti Kumari D/o Virendra Chaudhari Resident of Village - Sadipur
                  Khawtola, P.S. - Goreyakothi, Dist. - Siwan.
           2.    Sita Devi W/o Virendra Chaudhari Resident of Village - Sadipur Khawtola,
                 P.S. - Goreyakothi, Dist. - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjeet Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners seek regular bail in connection with

                   Goreyakothi P. S. Case No. 175 of 2025 in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   109, 117(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., due to land dispute, these petitioners

                   are alleged to have assaulted informant by means of iron rod

                   and farsa.

                                4. Learned counsel for the petitioners submits that

                   both parties are gotiyas and due to land dispute, altercation took

                   place between them in which both sides inflicted injuries on
              Patna High Court CR. MISC. No.3264 of 2026(2) dt.13-02-2026
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                        each other. Allegation of assault is general and omnibus.

                        Petitioners are ladies, claim clean antecedent and are in custody

                        since 11.07.2025. Charge-sheet has already been submitted.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of allegation, clean

                        antecedent and period of custody, the bail application is allowed.

                        Let the above named petitioners be released on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) each with

                        two sureties of the like amount each to the satisfaction of

                        Additional Chief Judicial Magistrate-VIII, Siwan in connection

                        with Goreyakothi P. S. Case No. 175 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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