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Patna High Court

Punam DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to petitioner No. 1 and denied to petitioner No. 2.

Summary

Petitioners Punam Devi and Shrawan Rajak sought anticipatory bail fearing arrest in a criminal case (PS Belhar Case No. 319 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged they assaulted the victim, resulting in grievous injuries. The petitioners claimed innocence and no prior criminal record. The court, after reviewing the injury report and the seriousness of the charges, granted anticipatory bail to petitioner No. 1 (a woman) subject to a bail bond and sureties, but denied bail to petitioner No. 2 due to specific allegations and the gravity of the offences. The order was made under Section 482(2) of the BNSS and the application was partly allowed.

Issues considered

  • Whether anticipatory bail should be granted to petitioner No. 1 under the Bharatiya Nyaya Sanhita, 2023.
  • Whether anticipatory bail should be granted to petitioner No. 2 given the specific allegations and seriousness of the offences.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • grievous injury
  • Section 482
  • criminal procedure
  • gender considerations
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39995 of 2026
                        Arising Out of PS. Case No.-319 Year-2025 Thana- BELHAR District- Banka
                 ======================================================
           1.     Punam Devi W/O Mithilesh Rajak R/O Village-Barhoniya, PS-Belhar, Distt-
                  Banka
           2.    Shrawan Rajak @ Shrawan Kumar S/O Mithilesh Rajak R/O Village-
                 Barhoniya, PS-Belhar, Distt- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashi Saurabh
                 For the Opposite Party/s :       Mr. Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-07-2026                  Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Belhar P.S. Case No. 319 of 2025 registered for offences under

                   Sections 126(2), 115(2), 351(2), 74, 352, 303(2), 117(2) and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023 and later on Section

                   109(1) of the Bharatiya Nyaya Sanhita, 2023 was added.

                                3. As per the prosecution case, the petitioners along

                   with others are accused of assaulting the victim.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are quite innocent and have not committed any

                   offence. It is further submitted that the petitioners have no
Patna High Court CR. MISC. No.39995 of 2026(2) dt.07-07-2026
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          criminal antecedents.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       6. I have considered the submissions of the parties and

          have gone through the records of the case. From the perusal of

          the injury report, it appears that both the injured persons

          sustained grievous injury on the vital part of the body.

                       7. Considering the fact that the petitioner no.1 is a

          woman, her prayer for anticipatory bail is hereby allowed.

                       8. Accordingly, let the petitioner no. 1, above-named,

          in the event of arrest or surrender within four weeks from today

          in the Court below, be released on 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

          learned Court below where the case is pending/successor Court

          in connection with Belhar P.S. Case No. 319 of 2025 subject to

          the conditions as laid down under Section 482(2) of the BNSS.

                       9. So far as the petitioner no. 2 is concerned, there is

          specific allegation against him and therefore, considering the

          gravity of the offence and the nature of allegations, this Court is

          not inclined to grant anticipatory bail to the petitioner no. 2.

                       10. Accordingly, the prayer of the petitioner no. 2 for
            Patna High Court CR. MISC. No.39995 of 2026(2) dt.07-07-2026
                                                        3/3




                      grant of anticipatory bail is hereby rejected.

                                   11. The application stands partly allowed.

                                   12. It is made clear that any observation made herein

                      is prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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