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Patna High Court

Mamta DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner should be released on bail subject to a bond and sureties.

Summary

The petitioner, Mamta Devi, sought bail in connection with a case (Goghardiha P.S. Case No. 74 of 2025) alleging offences under various sections of the B.N.S. The prosecution alleged that the petitioner and co‑accused assaulted an informant, causing a sharp‑cut injury. The petitioner contended that she was falsely implicated and had no prior criminal record. The court examined the FIR, the nature of the injury, and the petitioner’s clean antecedent, and found no compelling reason to deny bail. Accordingly, the court ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to bail under Section 482(2) of the B.N.S.S. in view of the alleged offences and lack of criminal antecedent

Legislation cited

  • B.N.S. — s. 110, 115(2), 118(1), 126(2), 303(2), 329(4), 3(5), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • bail
  • criminal procedure
  • false implication
  • no antecedent
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5105 of 2026
                  Arising Out of PS. Case No.-74 Year-2025 Thana- GHOGHARDIHA District- Madhubani
                 ======================================================
                 Mamta Devi W/o Jai Narayan Sah R/o Village - Rajuyahi, P.S - Ghoghardiha,
                 District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Yadav, Advocate
                 For the Opposite Party/s :      Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State

                                2. The petitioner apprehends his arrest in connection

                   with Goghardiha P.S Case No. 74 of 2025 registered for the

                   offences punishable under Sections 126(2), 115(2), 118(1),

                   329(4), 110, 303(2), 352, 351(2), 3(5) of B.N.S.

                                3. As per the prosecution case, petitioner along with

                   co-accused have assaulted the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. It is next

                   submitted that petitioner has got no criminal antecedent as

                   stated in para 3 of the bail petition.

                                5. Learned counsel for the State opposes the prayer
           Patna High Court CR. MISC. No.5105 of 2026(2) dt.17-02-2026
                                                       2/2




                     for bail of the petitioner.

                                  6. From perusal of the F.I.R., impugned order and

                     materials available on record it appears that injury inflicted

                     upon the informant is sharp cut injury and not of injury caused

                     by hard and blunt substance. Petitioner has got no criminal

                     antecedent as stated in para 3 of the bail petition.

                                  7. Considering the aforesaid facts and circumstances

                     of the case, submissions made on behalf of the petitioner, let the

                     above named petitioner be released on bail in the event of his

                     arrest or surrender before the trial court within a period of six

                     weeks from today on furnishing bail bond of Rs. 10,000/- (Ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned J.M 1st, Class Jhanjharpur in connection

                     with Goghardiha P.S Case No. 74 of 2025 subject to the

                     condition laid down under Section 482(2) of B.N.S.S.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U


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