Patna High Court
Mamta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
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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