Patna High Court
Sindul DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted bail to the petitioners, subject to bond and surrender conditions, under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Sindul Devi, Pankaj Kumar and Sachin Kumar, applied for bail in connection with PS case No. 379 of 2025, which alleged offences under Sections 126(2), 115(2), 118(2), 109(1), 74, 352 and 351(2) r/w 3(5) of the B.N.S., 2023. The prosecution alleged that the petitioners assaulted an informant and her family, causing head injuries. The petitioners contended that the incident arose from a dispute over garbage disposal, that there is a case and counter‑case, and that the injuries are simple and do not justify the serious charges. The State opposed bail, arguing the gravity of the offences. Considering the existence of a reciprocal case, the simple nature of the injuries, and the principles of Section 482(2) of the B.N.S.S., the court granted bail on a bond of Rs.10,000 with two sureties, subject to surrender within six weeks, and ordered the petition disposed.
Issues considered
- The appropriateness of granting bail to the petitioners under Section 482(2) of the B.N.S.S. given the alleged offences.
- Whether the existence of a case and counter‑case and the simple nature of injuries justify bail.
- Whether the seriousness of the charges under the listed sections warrants denial of bail.
Legislation cited
Subjects
- bail
- Section 482
- criminal procedure
- assault
- case and counter case
- simple injuries
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6861 of 2026
Arising Out of PS. Case No.-379 Year-2025 Thana- ATHMALGOLA District- Patna
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1. Sindul Devi, aged about 58 years, Female, Wife of Punit Rai.
2. Pankaj Kumar, aged about 30 years, Male, Son of Punit Rai.
3. Sachin Kumar, aged about 25 years, Male, son of Punit Rai.
All are resident of Village Kamrapar, P.S. Athmalgola, Dist. Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Murari Narain Chaudhary, Adv.
For the Opposite Party/s : Mr.Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Athmalgola P.S. Case No. 379 of 2025 dated
19.10.2025 registered for the offence punishable under Sections
126(2), 115(2), 118(2), 109(1), 74, 352, 351(2) r/w 3(5) of the
B.N.S., 2023.
3. As per prosecution case, the accusation against
the accused persons including the petitioners is of assaulting the
informant and her family members, due to which they sustained
head injury.
4. Learned counsel for the petitioners submits that
for throwing garbage in front of the house of the petitioners, a
Patna High Court CR. MISC. No.6861 of 2026(2) dt.04-02-2026
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free fight is alleged to have taken place between the parties,
owing to which, the injuries are said to have been sustained, for
which, the husband of the petitioner no.1 was taken under
judicial custody immediately after the incident, when he had
gone to police station for lodging a case against the Informant.
5. It is the case of the petitioners that there is a case
and counter case between the parties and the injuries have also
been sustained by the petitioners for which the F.I.R. is said to
have been lodged and the injuries are simple in nature, which
does not corroborate the allegation leveled against the
petitioners.
6. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
7. Considering the aforesaid facts and
circumstances of the case as also taking into account that there
is a case and counter case between the parties and the injuries
sustained is simple in nature, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of six weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Sub-Divisional Judicial Magistrate,
Patna High Court CR. MISC. No.6861 of 2026(2) dt.04-02-2026
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Barh in connection with Athmalgola P.S. Case No. 379 of 2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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