Patna High Court
Panpati Devi @ Panpatiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioners under Section 482(2) of the BNSS, 2023, given their clean antecedents and the circumstances of the case.
Summary
The petitioners, two women from Kaloi village, sought bail after being implicated in a 2018 assault case arising from a land dispute, with the FIR alleging multiple offences under the Indian Penal Code. They argued they had clean antecedents and that the allegations were general and omnibus. The State opposed the bail application. The Court, considering the petitioners' clean record and the circumstances, ordered that they be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order was directed to be complied with by the Judicial Magistrate of Sherghati, Gaya. The decision reflects the Court’s discretion to grant bail when the accused are unlikely to flee and the case does not warrant continued detention.
Issues considered
- What is the appropriate basis for granting bail to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- Do the petitioners’ clean antecedents and the nature of the allegations justify bail despite the serious IPC offences alleged?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504
Subjects
- bail
- criminal procedure
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
- land dispute
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39666 of 2026
Arising Out of PS. Case No.-111 Year-2018 Thana- IMAMGANJ District- Gaya
======================================================
1. Panpati Devi @ Panpatiya Devi W/o Barhan Mahto Resident of Village -
Kaloi, P.S.- Imamganj, District - Gaya
2. Parmila Devi W/o Brahmdev Yadav Resident of Village - Kaloi, P.S.-
Imamganj, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 341, 323,
324, 307, 504, 379/34 of I.P.C.
3 . As per FIR, on 15.08.2018 all the accused persons
armed with various weapons came and started abusing and
assaulting the informant, and when brother of informant
objected, he was also assaulted by the accused persons, as a
result of which they sustained injuries.
4. It is submitted on behalf of the petitioners that on
account of land dispute a scuffle took place in between the
Patna High Court CR. MISC. No.39666 of 2026(2) dt.24-06-2026
2/2
parties. Allegation of assault is general and omnibus against
these petitioners. Petitioners are ladies and claim clean
antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the backdrop of the case, clean
antecedent of these petitioners and other circumstances of the
case , in the event of arrest or surrender within eight weeks from
today, let the petitioners, as named above, be enlarged 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 the learned
Judicial Magistrate 1st Class, Sherghati at Gaya, in connection
with Imamganj P.S. Case No. 111 of 2018 , subject to the
conditions laid down under section 482 ( 2 ) of the Bharatiya
Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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