Patna High Court
Runi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Runi Devi, filed a bail petition fearing arrest in a case registered under sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS) arising from a land‑dispute‑related assault. The FIR alleged that several accused, including the petitioner, assaulted the informant and his father, but the petitioner's counsel argued that the allegations were vague, omnibus and that no specific overt act was attributed to her. The petitioner is a woman with a clean antecedent, and the dispute was between agnates over property. The State opposed bail, but the court considered the lack of specific incriminating facts, the petitioner’s clean record and the minor nature of the alleged injuries. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS, 2023.
Issues considered
- Whether bail should be granted to the petitioner despite allegations under sections 126(2), 115(2), 109 and 3(5) of the BNS.
- Whether the petitioner’s clean antecedent and the vague nature of the allegations justify bail.
- Whether imposing conditions under section 482(2) of the BNS is appropriate in this case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 482(2)
Subjects
- bail
- criminal procedure
- property dispute
- gender
- clean antecedent
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72314 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- SAHAR District- Bhojpur
======================================================
Runi Devi W/O Nanhak Pasi @ Nanhak Paswan Resident of village- Shankar
Tola, P.S. Sahar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pranav Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),
109 and 3 (5) of BNS.
3 . As per F.I.R. on 11.04.2025 at about 8 PM, on
account of land dispute , it is alleged that all the named accused
persons including this petitioner assaulted informant and his
father.
4. It is submitted on behalf of the petitioners that both
the parties are agnates and due to property dispute , a scuffle
took place between them. Allegation is general and omnibus
against this petitioner. No specific allegation of any overt act is
alleged against her. Injuries sustained by the injured are simple
Patna High Court CR. MISC. No.72314 of 2025(3) dt.13-01-2026
2/2
in nature . Petitioner is lady and claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned ACJM VI
Bhojpur at Ara in connection with Sahar P.S. Case No. 68 of
2025 , subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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