Patna High Court
Meena DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to both petitioners subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
Meena Devi and Baban Ram were named in an FIR for alleged assault on an informant arising from an irrigation dispute, with charges under several sections of the Bihar Negotiable and Settlement Act (BNSS). The petitioners argued that the injury to the informant was simple and that the grievous injury allegation pertained to another person, Sima Kumari, not them. They also asserted a clean antecedent, while the State opposed bail. The court examined the nature of the accusations and the severity of the injury, and concluded that bail could be granted. Both petitioners were ordered to be released on bail of Rs. 10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS. The bail order was directed to be implemented by the concerned court in Gaya.
Issues considered
- What is the appropriateness of granting bail to the petitioners given the nature of the offences and the alleged injuries?
- Does Section 482(2) of the BNSS permit the court to impose conditions for bail in this case?
Legislation cited
- Bihar Negotiable and Settlement Act (BNSS) — s. 115(2), 117(2), 118(1), 126(2), 3(5), 351(3), 352, 482(2)
Subjects
- bail
- assault
- FIR
- Section 482
- clean antecedent
- criminal procedure
- injury assessment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36650 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- Panchanpur District- Gaya
======================================================
1. Meena Devi W/o Kailash Ram R/o Village - Belma, PS - Panchanpur,
District - Gaya
2. Baban Ram S/o Late Antu Ram R/o Village - Belma, PS - Panchanpur,
District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kishor
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Panchanpur P.S.
Case No. 73 of 2025 registered for the offences punishable
under Sections 126(2), 115(2), 118(1), 117(2), 352, 351(3),
3(5) of BNS.
3. The allegation against petitioners is to assault
informant alongwith other co-accused person where occurrence
alleged to arising out of irrigation issue.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that specific allegation is available
against petitioner no. 1 namely, Meena Devi as to assault the
informant but upon medical examination the injury as alleged
Patna High Court CR. MISC. No.36650 of 2026(2) dt.16-06-2026
2/2
to inflicted by petitioner no. 1 found simple in nature. It is
submitted that allegation to cause grievous injury upon
informant is available upon Sima Kumari whereas petitioner no.
2 namely Baban Ram is facing general and omnibus allegation.
Petitioners claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of nature of accusation and also the nature of
injury as discussed aforesaid, accordingly both above-named
petitioners, in the event of their arrest or surrender before the
court below within a period of four weeks, are directed to be
released on bail, 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 ACJM VIII, Gaya Ji
/concerned Court, where the case is pending in connection with
Panchanpur P.S. Case No. 73 of 2025, subject to the
conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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