Patna High Court

Neha Devi @ Neha KumariversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that bail should be granted to the petitioners, subject to a bond and conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, Neha Devi and Chand Khalifa, filed a bail petition fearing arrest in a case registered under sections 126(2), 115(2), 118(2), 303(2), 351(2) and 3(5) of the Bharatiya Nagarik Suraksha (BNS). The FIR alleged that co‑accused Hazrat Khalifa poured acid on the informant’s sons, while the petitioners were said to have taken a chakti, but no specific overt act was alleged against them. The petitioners asserted their innocence, clean antecedent and that the remaining allegations were merely ornamental. The State opposed bail. Considering the lack of specific incriminating material against the petitioners, their clean record and the circumstances, the Court ordered bail on a bond of Rs 10,000 each with two sureties, subject to conditions under section 482(2) of the BNSS, 2023. The order was directed to be implemented by the Chief Judicial Magistrate, Begusarai.

Issues considered

Whether the petitioners are entitled to bail despite the FIR containing multiple serious charges under the BNS.
Whether the absence of a specific allegation against the petitioners justifies granting bail.
Whether the petitioners’ clean antecedent and the ornamental nature of the remaining allegations warrant bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)

Subjects

bail
criminal procedure
section 482
Bharatiya Nagarik Suraksha Sanhita
acid attack
clean antecedent
presumption of innocence
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5420 of 2026
                      Arising Out of PS. Case No.-90 Year-2025 Thana- BAKHARI District- Begusarai
               ======================================================
           1 . Neha Devi @ Neha Kumari Wife of Chand Khalifa @ Chand Hashmi
                Resident of Village- Mirkalapur, P.S.- Bakhari, District- Begusarai
           2.    Chand Khalifa @ Chand Hashmi Son of Hazrat Khalifa Resident of Village-
                 Mirkalapur, P.S.- Bakhari, District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                        Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 126 ( 2 ),

                   115 ( 2 ), 118 ( 2 ), 303 ( 2 ), 351 ( 2 ) and 3 (5) of BNS.

                                3 . As per F.I.R.,              informant alleged that on

                   17.03.2025 , when sons of informant were going to their sister’s

                   home , accused persons assaulted them and co-accused Hazrat

                   Khalifa poured acid upon the sons of informant and petitioner

                   No. 1 took chakti from informant.

                                4. It is submitted on behalf of the petitioners that

                   petitioner is innocent and has committed no offence as alleged.
            Patna High Court CR. MISC. No.5420 of 2026(2) dt.03-02-2026
                                                        2/2




                      Specific accusation of pouring acid on the sons of informant is

                      against co-accused Hazrat Khalifa . No specific allegation of

                      any overt act is alleged against these petitioners. Rest of the

                      allegations are ornamental in nature to make the case grave .

                      Petitioners claim clean antecedent.

                                   5 . Learned counsel for the State oppose the bail

                      petition .

                                    6 Considering the aforesaid facts, clean antecedent of

                      these petitioners and other circumstances of the case , in the

                      event of arrest or surrender within eight weeks from today, let

                      the petitioners, as named above, be enlarged 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 Begusarai in connection with Bakhri

                      P.S. Case No. 90 of 2025 , subject to the conditions laid down

                      under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha

                      Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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