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Patna High Court

Panpati Devi @ Panpatiya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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