Patna High Court

Shaila Kumari @ Mamta KumariversusThe State of Bihar

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

Holding

The Court granted bail to the petitioners subject to a bond of Rs.10,000 each with two sureties and conditions under section 482(2) of the BNSS.

Summary

The petitioners, four members of the Yadav family, sought bail in a criminal case where they were accused under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for assaulting the nephew of an informant and allegedly stealing a gold tabiz. The FIR alleged that four persons assaulted the victim, but only two injuries were recorded, leading the petitioners to argue that the allegations were general and ornamental. The petitioners emphasized their clean antecedent and contended that the case lacked substantive evidence against them. The State opposed the bail application. The Court, considering the petitioners' clean record and the circumstances, granted bail on the condition of a Rs.10,000 bond per petitioner with two sureties each, subject to the conditions of section 482(2) of the BNSS.

Issues considered

Whether bail should be granted to the petitioners under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged assault and theft charges

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117(2), 118(1), 118(2), 126(2), 303(2), 3(5), 351(2), 352, 4(3), 482(2)

Subjects

bail
criminal procedure
assault
clean antecedent
section 482
BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5423 of 2026
                    Arising Out of PS. Case No.-248 Year-2025 Thana- PARANDABAR District- Nawada
               ======================================================
           1 . Shaila Kumari @ Mamta Kumari D/o Kailash Prasad Yadav Resident at
                Bholakurha, PS- Parnadabar, Distt.- Nawada
           2.    Indu Kumari @ Kumari Indu D/o Kailash Prasad Yadav Resident at
                 Bholakurha, PS- Parnadabar, Distt.- Nawada
           3.    Pamo Kumari @ Pratima Kumari D/o Kailash Prasad Yadav Resident at
                 Bholakurha, PS- Parnadabar, Distt.- Nawada
           4.    Kailash Prasad Yadav @ Kailash Prasad S/o Lt. Wazir Prasad Resident at
                 Bholakurha, PS- Parnadabar, Distt.- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Narendra Kumar Singh, 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 ), 117 ( 2 ), 118 ( 2 ), 109, 118 (1) , 303 ( 2 ), 351 ( 2 ), 4

                   (3) , 352 and 3 (5) of BNS.

                              3 . As per F.I.R., on 21.09.2025 , all the named accused

                   persons including these petitioners assaulted nephew of

                   informant, as a result of which he sustained injuries. It is further

                   alleged that accused persons took away gold tabiz from his neck
            Patna High Court CR. MISC. No.5423 of 2026(2) dt.03-02-2026
                                                        2/2




                      and also threatened with dire consequences.

                                   4. It is submitted on behalf of the petitioners that

                      allegation of assault is general and omnibus against these

                      petitioners. As per F.I.R. total 4 persons are alleged to have

                      assaulted nephew of informant but there are only 2 injuries. 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

                      J M 1st Nawada in connection with Parnadabar P.S. Case No.

                      248 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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