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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, on a prima facie basis, the petitioners are entitled to pre‑arrest bail.

Summary

The petitioners, a family of co‑sharers, were implicated in a FIR alleging assault, attempted murder, and other offences against an informant and her mother, allegedly to seize land. They applied for pre‑arrest bail, claiming innocence, lack of material evidence, and that the allegations of injury, property damage, and miscarriage were uncorroborated. The State opposed the bail. The court examined the FIR and found the mother’s injury to be simple, the informant’s injury unverified, and the allegations of property damage and miscarriage likely false, noting a possible land‑grab motive. Concluding that the petitioners had made out a prima facie case for bail, the court ordered their release on pre‑arrest bail with a bond and sureties, subject to Section 482(2) of the CrPC and verification of criminal antecedents. The district court was directed to verify any pending cases, after which the bail order would lapse if such cases exist.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the offences alleged in the FIR
  • Whether the allegations of injury, property damage, and miscarriage are sufficiently corroborated to deny bail
  • Whether the land‑dispute motive affects the bail consideration

Legislation cited

Subjects

  • pre‑arrest bail
  • assault
  • land dispute
  • false allegations
  • Section 482 CrPC
  • Bihar Penal provisions
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5226 of 2026
                   Arising Out of PS. Case No.-624 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
           1.     Manju Devi, Female, aged about 45 years, wife of Rama Shanker Sah.
           2.    Rama Shanker Sah, Male, aged about 50 years, son of Late Ram Pravesh
                 Sah
           3.    Ankur Kumar, Male, aged about 25 years.
           4.    Ankit Kumar, Male, aged about 21 years.
           5.     Dudh Nath Sah @ Bulet @ Dudhnath Kumar, Male, aged about 21 years.
                  All 3 to 5 sons of Rama Shanker Sah and all Resident of Village-Barhan
                  Gopal, P.S.- Siwan Muffasil, District- Siwan
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raghav Prasad, Advocate
                 For the Opposite Party/s :      Mr. Ram Anurag Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   06-04-2026                    Heard Mr. Raghav Prasad, learned counsel appearing

                   on behalf of the petitioners and Mr. Ram Anurag Singh, learned

                   APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Siwan Muffasil P.S. Case No. 624 of 2025, registered for

                   the offence punishable under Sections 126(2), 115(2), 117(2),

                   324(2), 88, 303(2), 351(2) and 3(5) of the BNS.

                                3. As per the allegation made in the FIR, petitioners

                   along with other accused persons, had assaulted the informant

                   and her mother causing injury, with an intention to kill.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that petitioners are innocent and they have
Patna High Court CR. MISC. No.5226 of 2026(4) dt.06-04-2026
                                            2/3




          falsely been implicated in the present case. The injury sustained

          by the mother of the informant has been found to be simple in

          nature while the injury which has been sustained by the

          informant, the opinion of the doctor is reserved. He further

          submitted that the story of damaging windows of the house of

          the informant and snatching of ornaments is false and

          concocted. He further submitted that the parties are co-sharers

          (pattidar), and just to grab the land of the petitioners, the

          informant has dragged the petitioners in the present case. In

          absence      of    material      evidence      collected   in   course   of

          investigation, the petitioners deserve 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 heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR, I find that the injury sustained by the mother of the

          informant has been found to be simple in nature while the injury

          which has been sustained by the informant, the opinion of the

          doctor is reserved and the allegation of causing miscarriage to

          the informant cannot be corroborated. The allegation of

          damaging the windows of the house of the informant and
            Patna High Court CR. MISC. No.5226 of 2026(4) dt.06-04-2026
                                                        3/3




                      snatching of ornaments appears to be false and concocted. The

                      parties are co-sharers (pattidar), and just to grab the land of the

                      petitioners, the informant has dragged the petitioners in the

                      present case. I am of the opinion that petitioners have, prima

                      facie, made out a case to be released on pre-arrest 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

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

                      (Rupees Ten Thousand) each with two sureties of the like

                      amount each to the satisfaction of the learned District Court

                      where the case is pending, in connection with Siwan Muffasil

                      P.S. Case No. 624 of 2025, subject to the condition 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 as stated in

                      paragraph no. 3 of the bail application. If any other case is

                      pending against the petitioners as what has been stated in

                      paragraph no. 3, this order will lose its force automatically.


                                                   (Purnendu Singh, J)

Niraj/-
U       T


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