Patna High Court

Neelam DeviversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that bail may be granted as the allegations are vague, the FIR was unduly delayed, and the petitioners have a clean antecedent, subject to surrender and bond under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners sought bail fearing arrest in a case registered under several sections of the Bhartiya Nyaya Sanhita for allegedly assaulting an informant's wife, disrobing her and stealing jewellery. They contended that the FIR was lodged after an unexplained one‑month delay and that the charges were vague, while also asserting a clean antecedent. The State opposed the bail application. The court examined the delay, the general nature of the allegations and the petitioners' background, and concluded that bail could be granted. It ordered the petitioners to surrender within eight weeks and to furnish a bail bond of Rs 10,000 each with two sureties, invoking Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The bail was thus enlarged subject to the stipulated conditions.

Issues considered

Whether bail should be granted despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita
Whether the delay in filing the FIR and the alleged vagueness of the charges justify bail
Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the court to enlarge bail in this circumstance

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 115(2), 126, 303(2), 3(5), 351(2), 352, 76

Subjects

bail
criminal procedure
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
Section 482
FIR delay
assault
theft

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.376 of 2026
                          Arising Out of PS. Case No.-178 Year-2025 Thana- SIKTI District- Araria
                 ======================================================
           1.     Neelam Devi W/O Om Prakash Mandal Resident of Village-Uphrail, Ward
                  No. 10, P.S.- Sikti, District- Araria
           2.    Saroj Mandal @ Saroj kumar Mandal Son of Panchanand Mandal Resident
                 of Village-Uphrail, Ward No. 10, P.S.- Sikti, District- Araria
           3.    Usha Devi W/O late Sughdev Mandal @ Sugdev Mandal @ Shukdev
                 Mandal Resident of Village-Uphrail, Ward No. 10, P.S.- Sikti, District-
                 Araria
           4.    Seema Devi W/O Ramdev Mandal Resident of Village-Uphrail, Ward No.
                 10, P.S.- Sikti, District- Araria
           5.    Babita Devi W/O Suman kumar Mandal Resident of Village-Uphrail, Ward
                 No. 10, P.S.- Sikti, District- Araria
           6.     Nutan Devi W/O Saroj Mandal Resident of Village-Uphrail, Ward No. 10,
                  P.S.- Sikti, District- Araria
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Nadimul Hasan
                 For the Opposite Party/s :         Mr.Chandra Sen Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 126, 115(2), 76,

                   303(2), 351(2), 352, 3(5) of the Bhartiya Nyaya Sanhita.

                                3. Allegation against petitioners is that they assaulted

                   wife of informant with kicks, fists and lathi, causing injuries to

                   her. The petitioners are also alleged to have disrobed

                   informant’s wife and took away jewellery from her house.
           Patna High Court CR. MISC. No.376 of 2026(2) dt.21-01-2026
                                                       2/2




                                  4. Learned counsel for the petitioners submits that

                     allegation of assault is general and omnibus. The present F.I.R.

                     has been lodged after a delay of one month without any

                     plausible explanation of delay. Case and counter case.

                     Petitioners claim clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioners, in the event of their

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

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned J.M. 1st Class, Araria, District - Araria in

                     connection with Sikti P.S. Case No. 178 of 2025, subject to

                     condition as laid down under Section 482 of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023.



                                                       (Prabhat Kumar Singh, J)
anay

U      T

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