Patna High Court

Shanti Devi @ Shavitri DeviversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioners, subject to bond and surety conditions, under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Petitioners Shanti Devi and Sunita Devi, accused under sections 126(2), 115(2), 109, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for assault arising from a dispute over drainage, applied for bail fearing arrest. The petitioners argued that the assault allegations were vague, lacking specific overt acts, and that the injuries were minor, while also highlighting their clean antecedents. The State opposed the bail application. The Court examined the nature of the allegations, the seriousness of the offences, and the provisions of section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and concluded that bail could be granted with conditions. Accordingly, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the conditions prescribed. The order also stipulated that the bail be effective if the petitioners surrender within eight weeks of the order.

Issues considered

Whether the petitioners are entitled to bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the pending charges under the Bharatiya Nyaya Sanhita, 2023.
Whether the allegations against the petitioners are sufficiently specific to deny bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 352

Subjects

bail
criminal procedure
assault
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
section 482
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3979 of 2026
                      Arising Out of PS. Case No.-526 Year-2025 Thana- NAUBATPUR District- Patna
                 ======================================================
           1.     Shanti Devi @ Shavitri Devi Wife of Santosh Saw R/o Village - Rauniya,
                  P.S. - Naubatpur, Dist. - Patna.
           2.     Sunita Devi W/o Awadesh Saw R/o Village - Rauniya, P.S. - Naubatpur,
                  Dist. - Patna.
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar                               ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kundan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Surendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                    Heard learned counsel for the parties.
                                2. Petitioners apprehend arrest in a case registered for
                   the offence punishable under sections 126(2), 115(2), 109,
                   303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
                                3. As per FIR, dispute over drainage of dirty water led
                   to marpit in which petitioners and other accused persons
                   resorted to bricks batting and assault on the family members of
                   informant with iron rod causing them injuries.
                                4. Learned counsel appearing for the petitioners
                   submits that allegation of assault is general and omnibus and no
                   specific overt act has been alleged against these petitioners. Rest
                   of the allegations are ornamental in nature. Injuries caused by
                   these petitioners are simple in nature. Petitioners claim clean
                   antecedent.
                                5. Learned counsel for the State opposes the prayer
                   for bail.
                                6. Considering the facts of the case, prayer for bail of
               Patna High Court CR. MISC. No.3979 of 2026(2) dt.03-02-2026
                                                           2/2




                         these petitioners is allowed. In the event of arrest/surrender
                         within a period of eight weeks from today, let these petitioners,
                         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 Additional Chief Judicial
                         Magistrate VI, Danapur, Patna in Naubatpur Police Station Case
                         No. 526/2025, subject to the conditions laid down under section
                         482 Bharatiya Nagarik Suraksha Sanhita, 2023.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T

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