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Patna High Court

Chandra Rekha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to anticipatory bail under section 482(2) of the Bhartiya Nyaya Sanhita as the allegations are not sufficiently corroborated and they have no prior criminal record.

Summary

The petitioners, a group of residents from Kumroul village, applied for anticipatory bail fearing arrest in a case (Ghanshyampur PS Case No. 68 of 2026) alleging offences under several sections of the Bhartiya Nyaya Sanhita, including unlawful assembly and assault. The prosecution alleged that the petitioners were part of an unlawful assembly that assaulted three injured persons, with specific allegations against co‑accused for head injuries. The petitioners contended that the allegations were general, uncorroborated by injury reports, and that they have no prior criminal record. The State opposed the bail. The court examined the nature of the allegations, the lack of specific corroboration, and the petitioners’ clean record, and exercised its inherent powers under section 482(2) of the B.N.S.S. to grant anticipatory bail subject to a bail‑bond and surety conditions. The application for anticipatory bail was allowed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite allegations of participation in an unlawful assembly and assault.
  • Whether the allegations against the petitioners are sufficiently corroborated to deny bail.
  • Whether the petitioners’ lack of prior criminal antecedents warrants grant of bail under section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • unlawful assembly
  • assault
  • Bhartiya Nyaya Sanhita
  • section 482
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34372 of 2026
                 Arising Out of PS. Case No.-68 Year-2026 Thana- GHANSHYAMPUR District- Darbhanga
                 ======================================================
           1.     Chandra Rekha Devi Wife of Tul Mohan Ram Resident of village- Kumroul,
                  Police Station-Ghanshyampur, District- Darbhanga
           2.    Mamta Devi Wife of Deepak Ram. Resident of village- Kumroul, Police
                 Station-Ghanshyampur, District- Darbhanga
           3.    Pano Devi Wife of Jag Mohan Ram. Resident of village- Kumroul, Police
                 Station-Ghanshyampur, District- Darbhanga
           4.    Amol Devi @ Amola Devi WIfe of Vinod Ram. Resident of village-
                 Kumroul, Police Station-Ghanshyampur, District- Darbhanga
           5.    Ram Dai Devi wife of Late Mahendra Ram. Resident of village- Kumroul,
                 Police Station-Ghanshyampur, District- Darbhanga
           6.    Mir Chun Devi wife of Harendra Ram. Resident of village- Kumroul, Police
                 Station-Ghanshyampur, District- Darbhanga
           7.    Radha Rani Devi Wife of Baidyanath Ram. Resident of village- Kumroul,
                 Police Station-Ghanshyampur, District- Darbhanga
           8.    Baijnath Ram @ Baidyanath Ram Son of Parmeshwar Ram. Resident of
                 village- Kumroul, Police Station-Ghanshyampur, District- Darbhanga
           9.    Ranjan Ram son of Yogendra Ram. Resident of village- Kumroul, Police
                 Station-Ghanshyampur, District- Darbhanga
           10. Deepak Ram son of Tul Mohan Ram. Resident of village- Kumroul, Police
               Station-Ghanshyampur, District- Darbhanga
           11. Ram Khelawan Ram Son of Late Faguni Ram. Resident of village-
               Kumroul, Police Station-Ghanshyampur, District- Darbhanga
           12. Sonai Ram son of Yogendra Ram. Resident of village- Kumroul, Police
               Station-Ghanshyampur, District- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Nilendu Kumar Choudhary, Adv
                 For the Opposite Party/s :     Mr.Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   19-05-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State through virtual mode.
Patna High Court CR. MISC. No.34372 of 2026(2) dt.19-05-2026
                                            2/3




                       2. The petitioners are apprehending their arrest in a

          case in connection with Ghanshyampur P.S. Case No. 68 of

          2026 registered for the offences punishable under Sections

          191(2), 190, 126(2), 115(2), 118(1), 109(1), 303(2) and 352 of

          the Bhartiya Nyaya Sanhita.

                       3. As per the prosecution case, the petitioners were

          member of an unlawful assembly who abused in general and

          omnibus terms, assaulted injured persons, namely, Arvind

          Maukhiya, Dhanvir Yadav and Rohit Mukhiya, while there is

          allegation against co-accused Tul Mohan Ram to have

          specifically assaulted on the head of Dhanvir Yadav. While,

          there is specific allegation against co-accused Vinod Ram to

          have assaulted upon the head of Arvind Mukhiya.

                      4. Learned counsel for the petitioners has submitted

          that there is general and omnibus allegation against the

          petitioners and other named co-accused persons as well as 25 to

          30 unknown persons. It has further been submitted that there is

          case and counter case between the parties. Referring to the

          impugned order, learned counsel for the petitioners have

          submitted that the injured persons, namely, Dhanvir Yadav, Raju

          Mukhiya and Avinash Kumar suggest single injuries and hence,

          the allegation against the petitioners is not corroborated by the
              Patna High Court CR. MISC. No.34372 of 2026(2) dt.19-05-2026
                                                          3/3




                        injury reports of the injured persons. It has lastly been submitted

                        that petitioners have got no criminal antecedents.

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

                        opposed the prayer for anticipatory bail of the petitioners.

                                     6. Considering the aforesaid facts and circumstances

                        of the case, let the above named petitioners, in the event of their

                        arrest/surrender within a period of six weeks from today, be

                        enlarged on anticipatory bail on furnishing bail-bond of Rs.

                        10,000/- (Rupees Ten thousand) each with two sureties of the

                        like amount each to the satisfaction of the learned court

                        concerned,        Biraul,       Darbhanga            in     connection   with

                        Ghanshyampur P.S. Case No. 68 of 2026, subject to conditions

                        as laid down under section 482(2) of the B.N.S.S.

                                     7. The application stands allowed.



                                                                                  (Praveen Kumar, J)
niku/rupa/-

U       T


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