Patna High Court
Jyoti KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352
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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