Patna High Court
Gita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail subject to the conditions laid down under Section 482(2) of the BNSS.
Summary
The petitioners, Gita Devi, Ugan Manjhi, Kishori Manjhi and Sabo Devi, applied for pre‑arrest bail in a case registered under Sections 115(2), 126(2), 118(2), 109 and 35 of the BNS for allegedly assaulting an informant. They claimed innocence, stating that the matter was a case‑and‑counter‑case between agnates and that any injury to the informant was caused in self‑defence. The State opposed the bail. The Court, after noting the existence of a case‑and‑counter‑case, the claim of self‑defence and the petitioners' clean antecedent, held that they had made out a prima facie case for bail. Accordingly, the Court directed that the petitioners be released on pre‑arrest bail upon surrender to the District Court within four weeks, on furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS. The order also directed the District Court to verify the petitioners' criminal antecedent and to vacate the bail order if any other case is found.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite allegations of assault under Sections 115(2), 126(2), 118(2), 109 and 35 of the BNS.
- Whether the claim of self‑defence and the existence of a case‑and‑counter‑case justify granting bail.
- Whether a clean antecedent is sufficient ground for pre‑arrest bail.
Legislation cited
Subjects
- pre‑arrest bail
- self‑defence
- clean antecedent
- case and counter case
- Section 482
- Criminal Procedure Code
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70677 of 2025
Arising Out of PS. Case No.-125 Year-2025 Thana- JHAJHA District- Jamui
======================================================
1. Gita Devi wife of Ugan Manjhi R/o - Foksa, P.O - Sugwa Udan, P.S - Jhajha,
District - jamui
2. Ugan Manjhi Son of Kailash Manjhi R/o - Foksa, P.O - Sugwa Udan, P.S -
Jhajha, District - jamui
3. Kishori Manjhi Son of kailash Manjhi @ Kailu Manjhi R/o - Foksa, P.O -
Sugwa Udan, P.S - Jhajha, District - jamui
4. Sabo Devi @ Savo Devi Wife of Kishori Manjhi R/o - Foksa, P.O - Sugwa
Udan, P.S - Jhajha, District - jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 24-02-2026 Heard Mr. Pramod Kumar, learned counsel appearing
on behalf of the petitioners and Mr. Chandra Sen Prasad Singh,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Jhajha P.S. Case No. 125/2025 registered for the offence(s)
punishable under Sections 115(2), 126(2), 118(2), 109, 35 of the
BNS.
3. As per the allegations made in the FIR, the
petitioners assaulted the informant, causing injuries to him.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.70677 of 2025(3) dt.24-02-2026
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petitioners submits that petitioners are innocent and they have
falsely been implicated in the present case. The petitioners and
informant are agnates. There is case and counter case between
the parties and the petitioners in self-defence, may have caused
some injury to the informant. The petitioners have clean
antecedent. On these grounds, the petitioners seek to be released
on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, the fact that there is case and
counter case between the parties and in self-defence, the
petitioners may have caused some injury to the informant and
also the fact that the petitioners have clean antecedent, I am of
the opinion that petitioners have, prima facie, made out a case to
be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District Court where the case
Patna High Court CR. MISC. No.70677 of 2025(3) dt.24-02-2026
3/3
is pending / Concerned Court in connection with Jhajha P.S.
Case No. 125/2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
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