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Patna High Court

Dulari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted to the petitioners, subject to strict conditions, because the injuries were simple and a counter‑case exists, outweighing the prosecution’s objections.

Summary

The petitioners, four women from Pipra village, sought bail in a case (Govindganj P.S. Case No.336 of 2019) where they were accused of assault, robbery and other offences under Sections 341, 323, 307, 324, 504, 325 and 34 of the IPC. The prosecution alleged that they, along with co‑accused, attacked an informant and his family, seizing a gold chain. The petitioners contended they were falsely implicated and that the incident stemmed from a land dispute and a counter‑case filed by the husband of one petitioner. The State highlighted that two petitioners had prior criminal antecedents while one had a clean record, opposing bail. Considering the simple nature of the injuries, the existence of a counter‑case, and the circumstances, the court ordered bail on a bond of Rs 10,000 with two sureties and imposed conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail should be granted to the accused despite charges of assault and robbery under the IPC.
  • Whether the petitioners' prior criminal antecedents justify denial of bail.
  • Whether the existence of a counter‑case and the simple nature of injuries affect the bail decision.

Legislation cited

Subjects

  • bail
  • IPC offences
  • criminal antecedent
  • counter case
  • simple injury
  • Section 438 CrPC
  • Section 482 B.N.S

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4196 of 2026
                      Arising Out of PS. Case No.-336 Year-2019 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
           1.     Dulari Devi W/o Late Ramjet Mahato R/o Village - Pipra, P.S - Govindganj,
                  District - East Champaran
           2.    Bhalo Devi @ Jhaliya Devi W/o Krishna Mahto @ Kishun Mahto R/o
                 Village - Pipra, P.S - Govindganj, District - East Champaran
           3.    Dewkali Devi @ Devkali Devi W/o Hari Mahto R/o Village - Pipra, P.S -
                 Govindganj, District - East Champaran
           4.    Subi Devi @ Sugi Devi W/o Dilip Mahto R/o Village - Pipra, P.S -
                 Govindganj, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Aditya Kumar Pandey, Advocate
                 For the State             :      Ms .Rina Sinha, APP
                 For the Informant         :      Mr. Karandeep Kumar, Advocate
                                           :      Mr. Mritunjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-02-2026                          Heard Mr. Aditya Kumar Pandey, learned counsel

                   for the petitioners, Mr. Karandeep Kumar, learned counsel for

                   the Informant and Ms. Rina Sinha, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Govindganj P.S. Case No.336 of 2019, F.I.R.

                   dated 24.10.2019 for the offences punishable under Sections

                   341, 323, 307, 324, 504, 325 and 34 of Indian Penal Code.

                                3.      According to prosecution case, the informant
Patna High Court CR. MISC. No.4196 of 2026(2) dt.06-02-2026
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          alleged that when he was sitting at his house, the petitioners

          along with other co-accused persons came and started abusing

          him and on objection, they assaulted the informant and his

          family members by means of farsa, lathi and garansa and

          snatched gold chain from his neck.

                      4. Learned counsel for the petitioners submits that

          petitioners are innocent and they have falsely been implicated in

          the present case. The present case is counter blast of Govindganj

          P.S. Case No.335 of 2019 filed by the husband of petitioner no.2

          against the informant and his family members and both sides

          received injury and it appears from the FIR that due to admitted

          land dispute the present occurrence has taken place. Although

          the petitioners are named in the FIR and there is specific

          allegation against them that they assaulted the informant and his

          family members but the injury inflicted upon the injured person

          is simple in nature caused by hard and blunt substance.

                      5. The learned Additional Public Prosecutor and

          learned counsel for the Informant have vehemently opposed the

          prayer for bail of the petitioners on the ground that the petitioner

          nos.1 and 3 carries one criminal antecedent in which they are on

          bail and petitioner no.2 has clean antecedent.

                       6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.4196 of 2026(2) dt.06-02-2026
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          and the fact that there is case and counter case between the

          parties and injury inflicted upon the injured persons is simple in

          nature, let the petitioners, above named, in the event of arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released 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 Chief Judicial Magistrate, East Champaran, Motihari in

          connection with Govindganj P.S. Case No.336 of 2019, subject

          to the conditions as laid down under Section 438(2) of the Code

          of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at
            Patna High Court CR. MISC. No.4196 of 2026(2) dt.06-02-2026
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                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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