Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail should be granted to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
The petitioners, six residents of Meghauna village, sought anticipatory bail in connection with Alauli P.S. Case No. 487 of 2025, which alleged offences under Sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.). The prosecution alleged that the petitioners, armed with a weapon, demanded rangdari, assaulted an informant and his family, and stole jewellery. The petitioners contended that they were falsely implicated, that there is a case‑and‑counter‑case arising from a petty local dispute, that they have clean antecedents, and that they are willing to cooperate with the investigation. The State opposed the grant of anticipatory bail. Considering the facts, the parties' submissions, the existence of a case‑and‑counter‑case, the petitioners' age and clean record, the court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the alleged offences.
- Whether the allegations of assault and theft constitute sufficient ground to deny bail.
- Whether the existence of a case‑and‑counter‑case, the petitioners' clean antecedent and age justify the grant of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 126(2), 3(5), 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- assault
- theft
- case and counter case
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6851 of 2026
Arising Out of PS. Case No.-487 Year-2025 Thana- ALOULI District- Khagaria
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1. Manju Devi W/O Mantun Pandit Resident of Village -Meghauna, P.S.-
Alauli, District-Khagariya (Bihar).
2. Khushilal Kumar S/o- Mantun Pandit Resident of Village -Meghauna, P.S.-
Alauli, District-Khagariya (Bihar).
3. Rakesh Kumar Son of -Mantun Pandit Resident of Village -Meghauna, P.S.-
Alauli, District-Khagariya (Bihar).
4. Radhe Pandit Son of -Late Saryug Pandit Resident of Village -Meghauna,
P.S.- Alauli, District-Khagariya (Bihar).
5. Ranjit Pandit Son of Purusottam Pandit Resident of Village -Meghauna, P.S.-
Alauli, District-Khagariya (Bihar).
6. Khushboo Devi W/o-Ranjit Pandit Resident of Village -Meghauna, P.S.-
Alauli, District-Khagariya (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Mohan Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 21-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Alauli P.S. Case No. 487 of 2025, instituted for the
offences punishable under Sections 126(2), 115(2), 109, 3(5) of
the B.N.S.
3. As per the prosecution case, on the date of
occurrence F.I.R. named accused persons including the
Patna High Court CR. MISC. No.6851 of 2026(4) dt.21-04-2026
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petitioners armed with weapon came at the house of informant
and demanded Rangdari. On being prevented, they assaulted the
informant and his family members. Petitioner Nos. 2 and 3
assaulted the family members of the informant with the butt of
pistol causing them injuries. Petitioner Nos. 1 and 6 are alleged
to have snatched the golden chain and earrings from the wife of
informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. There is case and counter case between the parties due to
petty dispute. Both the parties belong to same locality. Both
parties got injured. There is no specific allegation against the
petitioners. Allegation of assaulting with the butt of pistol is on
Petitioner Nos. 2 and 3, who are young boys aged about 18 and
20 year respectively and are students. Since they belong to the
same family, their names have falsely been implicated in this
case. Petitioner No. 4 is aged about 72 years old. Petitioner Nos.
1 and 6 are women. Both the parties have compromised and
living peacefully. Petitioners have no criminal antecedent.
Petitioners undertake to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.6851 of 2026(4) dt.21-04-2026
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6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties, there is case
and counter case between the parties, clean antecedent and age
of petitioners, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Khagaria in
connection with Alauli P.S. Case No. 487 of 2025, subject to the
conditions laid down in Section 482 (2) of the Bharatiya Nagrik
Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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