Patna High Court
Chandra Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nyaya Sanhita — s. 109, 115, 118, 126, 190, 191, 303, 352, 482
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
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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
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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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