Patna High Court
Prabila Devi @ Pramila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that, given the petitioner’s clean antecedent, the minor injury sustained by the informant, and the provisions of Section 482(2) of the BNSS, bail should be granted.
Summary
Prabila Devi, a 40‑year‑old woman, was implicated in a case (Kako P.S. Case No. 257 of 2025) alleging assault with an iron rod and theft of jewellery, under multiple sections of the Bihar Negotiable Substances Act. She claimed innocence, asserting that the allegations were politically motivated and that she has a clean antecedent. The State opposed her bail, but the court noted that the injury to the informant was a minor lacerated wound and considered the petitioner’s gender and clean record. Relying on Section 482(2) of the BNSS, the court ordered that she be released on bail upon furnishing a bond of Rs. 10,000 with two sureties. The order was conditioned on her surrender within six weeks and compliance with the bail conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under Sections 191(2), 119, 126(2), 115(2), 109, 303, 352 and 351(2) of the BNSS.
- Whether the petitioner’s clean antecedent and the minor nature of the injury justify the grant of bail.
- Whether Section 482(2) of the BNSS can be invoked to grant bail in this circumstance.
Subjects
- bail
- criminal procedure
- Section 482
- Bihar Negotiable Substances Act
- assault
- clean antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5726 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- KAKO District- Jehanabad
======================================================
Prabila Devi @ Pramila Devi, aged about 40 years, Female, Wife of Sanjay
Yadav, Resident of Village- Kothiya, P.S.- Kako, District- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in connection
with Kako P.S. Case No. 257 of 2025 instituted for the offences
punishable under Sections 191(2), 119, 126(2), 115(2), 109,
303, 352, 351(2) of the BNS.
3. As per allegation in the FIR, all the accused persons
including the present petitioner assaulted the informant by
means of iron rod on her head and also snatched gold ear ring
and Jiutia of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
been implicated in this case only on the basis of local village
politics. He submits that the informant and the petitioner are
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neighbors as well as gotiyas. He further submits that the
informant has made false story against the petitioner. He next
submits that due to hot talked taken place between the parties
the scuffle took place. He lastly submits that petitioner is a lady
has got clean antecedent as stated in para 3 of the petition.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR and the impugned order of
the learned Additional Sessions Judge-II, Jehanabad dated
16.10.2025, it appears that on the basis of written report of the
injured informant namely Kunti Devi, FIR has been registered
under Sections 191(2), 119, 126(2), 115(2), 109, 303, 352,
351(2) of the BNS against six accused persons including the
present petitioner and the allegation is of assault upon the
informant by means of iron rod as well as Hasua (Iron
Instrument), which is used in cutting the crops, on her head and
also snatched gold ear ring and Jiutia of the informant. From
persual of the impugned order, It also appears that the injured
Kunti Devi sustained only one lacerated wound injury on her
face measuring 3”X1/4” with Hasua (Iron Instrument), which is
sharp cut weapon but the injury is found lacerated wound and
not cut wound of incise wound, petitioner is a lady and has got
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clean antecedent as stated in para 3 of the petition, so
considering all these aspects of the case and submission of
learned counsel for the petitioner, let the petitioner above
named in the event of her arrest or surrender before the trial
Court within a period of six weeks from today, be released on
bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned S.D.J.M., Jehanabad in connection with Kako P.S.
Case No. 257 of 2025, subject to the conditions laid down in
Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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