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Patna High Court

Neha Kumari @ Neha DeviversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to prescribed bond and conditions under Section 482(2) of the BNSS.

Summary

The petitioner, a 21‑year‑old woman with a clean record, was implicated in an assault case arising from a dispute in which the informant's grandson allegedly defecated at her door, leading to mutual abuse and the petitioner allegedly striking the informant's daughter with a hammer. The petitioner claimed she was falsely implicated and that both parties had assaulted each other. She applied for anticipatory bail, arguing that the case was based on a prior personal dispute. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, to be complied with if she is arrested or surrenders within six weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged assault and the circumstances of the dispute.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • criminal procedure
  • assault
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39819 of 2026
                        Arising Out of PS. Case No.-29 Year-2026 Thana- JALALPUR District- Saran
                 ======================================================
                 Neha Kumari @ Neha Devi W/o Baliram Mahto R/o Vill- Rasauli , Post-
                 Rasauli, P.S- Mashrakh, Dist- Saran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aashish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Pawan Kumar Chaurasia, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman

                   aged about 21 years and the informant alleges that a dispute

                   arose since 2 years old grandson of the informant defecated at

                   the door of the petitioner, thus petitioner along with her family

                   member started abusing, on objection petitioner assaulted her

                   daughter with hammer repeatedly causing injury on head.

                                3.    Learned counsel for the petitioner submits

                   petitioner has been falsely implicated in the instant case on

                   account of previous dispute as recorded here and above. It is

                   further submitted that since an altercation took place as such

                   both side assaulted each other.
           Patna High Court CR. MISC. No.39819 of 2026(2) dt.29-06-2026
                                                       2/2




                                   4. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  5. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, in the

                     event of his arrest or surrender before the learned Trial Court

                     within a period of six weeks from today, be released on

                     Provisional anticipatory bail on furnishing bail bonds of Rs.

                     10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending/successor court in connection with Jalalpur

                     P.S. Case No. 29 of 2026 subject to the conditions as laid down

                     under Section 482 (2) of the BNSS.




                                                                          (Satyavrat Verma, J)

vikram/-

U      T


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