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Patna High Court

Poonam DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered the release of the petitioner on bail, finding no sufficient ground to deny bail.

Summary

Poonam Devi, the petitioner, was arrested in connection with a FIR alleging assault on the informant's son and other family members, causing bodily injuries. The FIR lists offences under Sections 126(2), 115(2), 109, 74, 352, 351(2) read with 3(5) of the Bhartiya Nyaya Sanhita. The petitioner, a woman of clean antecedent, has been in custody since 2 May 2025, while the investigation is complete and a charge‑sheet has been filed. The State argued that the assault was serious, but conceded that the fatal injury was caused by another accused, Sumit Kumar. The Court held that the allegations against the petitioner are general and omnibus, and, given the completed investigation, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) CrPC and Section 480(3) BNSS.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the assault allegations
  • Whether the completed investigation and charge‑sheet affect the bail decision
  • Applicability of Section 437(3) of the Code of Criminal Procedure and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita in granting bail

Legislation cited

Subjects

  • bail
  • assault
  • criminal procedure
  • BNSS
  • BNS
  • charge sheet
  • clean antecedent
  • section 437 CrPC
  • section 480 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67223 of 2025
                   Arising Out of PS. Case No.-286 Year-2024 Thana- LALIT NARAYAN UNIVERSITY
                                                   District- Darbhanga
                 ======================================================
                 Poonam Devi, wife of Shankar Sharma, resident of Mohalla-Balu Ghat, Ward
                 No.6, P.S.-L.N.M.U., District-Darbhanga.
                                                                            ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Shaishav Kumar, Advocate
                 For the State         :       Mr. Murli Dhar, APP
                 For the Informant     :       Mr. Kumar Rajeev, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State duly assisted by

                   learned counsel appearing for the informant.

                                2. The accused/petitioner seeks bail in connection

                   with University (LNMU) P.S. Case No.286 of 2024 registered

                   for the offences punishable under Sections 126(2), 115(2),

                   109, 74, 352, 351(2) read with 3(5) of the Bhartiya Nyaya

                   Sanhita, 2023 (for short ‘B.N.S.’).

                                3. The accused/petitioner is named in the FIR and is

                   in custody since 02.05.2025.

                                4. Allegation against petitioner is to assault the

                   informant and other family members along with other co-
Patna High Court CR. MISC. No.67223 of 2025(2) dt.05-02-2026
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          accused persons, causing head and bodily injuries, which was

          made with intention to cause death. As per FIR, the

          occurrence took place out of trivial neighbourhood disputes

          arising out of issue of mobile theft.

                       5. It is submitted by learned counsel appearing for

          petitioner that as per FIR, the occurrence took place in two

          parts. As per first allegation, the son of informant namely,

          Pravesh      Kumar was assaulted by Sumit Kumar on

          10.10.2024 at about 4.00 pm by using iron pipe. It is

          submitted that the alleged assault was made on head

          whereafter, he becomes senseless and when the informant’s

          family members reported this matter to the family of Sumit

          Kumar, they also assaulted the informant and others. It is

          submitted that the allegation as to made physical assault is

          appearing very much general and omnibus in nature against

          petitioner, who is a lady of clean antecedent. While concluding

          argument, it is submitted that investigation of this case is

          already completed, for which, charge-sheet has submitted

          and, as such, there is no chance of tampering with the

          evidence.
Patna High Court CR. MISC. No.67223 of 2025(2) dt.05-02-2026
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                       6. Learned APP duly assisted by Mr. Kumar Rajeev,

          learned counsel appearing for informant while opposing the

          prayer of bail submitted that during the course of treatment

          injured Pravesh Kumar was died but, he fairly conceded that

          he was assaulted specifically by Sumit Kumar as submitted

          aforesaid.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as allegation of fatal assault is not

          available against this petitioner rather petitioner is facing

          general and omnibus allegation qua physical assault after the

          main occurrence, coupled with the fact that investigation of

          this case is already completed, where petitioner remains in

          custody since 02.05.2025, accordingly, the petitioner, above-

          named, who is a lady of clean antecedent, is directed to be

          released on bail furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to

          the satisfaction of the learned Chief Judicial Magistrate,

          Darbhanga in connection with University (LNMU) P.S. Case

          No.286 of 2024, subject to the conditions as laid down under

          Section 437(3) of the Code of Criminal Procedure (for short
         Patna High Court CR. MISC. No.67223 of 2025(2) dt.05-02-2026
                                                     4/4




                   ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik

                   Suraksha Sanhita (for short ‘BNSS’).


                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U    T


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