Patna High Court
Sima DeviversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners are entitled to anticipatory bail, subject to the conditions imposed under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, four residents of Pipra village, sought anticipatory bail after an FIR was lodged under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging they assaulted an informant and her family. They contended that they were falsely implicated, that any injury caused was accidental and in self‑defence, and that they have a clean criminal record. The State opposed the bail application. The Court examined the FIR, noted the existence of a case‑and‑counter‑case, and considered the petitioners' claim of self‑defence and clean antecedent, finding a prima facie case for bail. Accordingly, the Court directed that the petitioners be released on pre‑arrest (anticipatory) bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNS and verification of any other criminal antecedents. The order will lapse if the district court discovers involvement in other cases.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023.
- Whether the claim of self‑defence and a clean antecedent justify the grant of bail despite the serious charges.
- Whether the seriousness of the offences alleged in the FIR warrants denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- pre‑arrest bail
- self‑defence
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- FIR
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4479 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- DARPA District- East Champaran
======================================================
1. Sima Devi Son of Sachin Kumar R/o Village - Pipra, P.S. - Darpa, District -
East Champaran.
2. Hirdya Narain Prasad @ Hirdya Narain Sah Son of Banti Sah R/o Village -
Pipra, P.S. - Darpa, District - East Champaran.
3. Jitendra Prasad @ Jitendra Sah Son of Banti Sah R/o Village - Pipra, P.S. -
Darpa, District - East Champaran.
4. Ranjeet Sah Son of Ram Jagesh Sah R/o Village - Pipra, P.S. - Darpa,
District - East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Rajesh Kumar, learned counsel
appearing on behalf of the petitioners and Mr. Pushpa Sinha,
learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection
with Darpa P.S. Case No. 148 of 2025 registered under Sections
191(2),190,126(2),115(2),303(2),109,352,351(2) of the
Bharatiya Nyaya Sanhita (BNS), 2023.
3. As per the allegation made in the FIR, all the
accused persons, including the petitioners, all of a sudden
started assaulting the informant and her family members, due to
Patna High Court CR. MISC. No.4479 of 2026(2) dt.17-02-2026
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which, they sustained injury.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
have falsely been implicated in the present case. The petitioners
and the informant agnates. There is case and counter case
between the parties. Learned counsel further submitted that the
petitioners, in their self-defense, may have caused some injury
on the person of the informant, without intention. The
petitioners have clean antecedent. On these grounds, the
petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the allegation
made in the FIR and the fact that there is case and counter case
between the parties, the petitioners, in their self-defense, may
have caused some injury on the person of the informant, without
intention, the petitioners, having clean antecedent, have, prima
facie, made out a case to be released on anticipatory bail
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
Patna High Court CR. MISC. No.4479 of 2026(2) dt.17-02-2026
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four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District Court where the case
is pending / Concerned Court in connection with Darpa P.S.
Case No. 148 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U
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