Patna High Court
Baby DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that, given the minor nature of the alleged injuries and the petitioners' clean antecedent, bail should be granted subject to the conditions of section 482(2) of the BNS.
Summary
The petitioners, a group of relatives from Chakle Waini, sought bail fearing arrest in a case registered under sections 126(2), 115(2), 118(1), 109, 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS). The FIR alleged that on 11‑08‑2025 they assaulted and disrobed an informant, causing simple injuries. The petitioners contended that the allegations were vague, the injuries were minor, and they have a clean antecedent. The State opposed the bail application. Considering the nature of the alleged injuries, the petitioners’ clean record and other circumstances, the Court ordered bail on a bond of Rs 10,000 with two sureties, subject to conditions under section 482(2) of the BNS. The bail order effectively disposed of the petition.
Issues considered
- Whether bail should be granted to the petitioners in a case involving alleged assault and other offences under the BNS.
- Whether the nature of the alleged injuries and the petitioners' clean antecedent justify the grant of bail despite the seriousness of the charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 482(2)
Subjects
- bail
- assault
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7673 of 2026
Arising Out of PS. Case No.-66 Year-2025 Thana- VAINI District- Samastipur
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1. Baby Devi W/O Sunil Sahni Resident of Village- Chakle Waini, P.S- Waini,
District- Samastipur.
2. Kanhai Sahni S/O Late Sone Lal Sahni Resident of Village- Chakle Waini,
P.S- Waini, District- Samastipur.
3. Sunil Sahni S/O Kanhai Sahni Resident of Village- Chakle Waini, P.S-
Waini, District- Samastipur.
4. Dharmendra Sahni S/O Kanhai Sahni Resident of Village- Chakle Waini,
P.S- Waini, District- Samastipur.
5. Bandhu Sahni S/O Jagdish Sahni Resident of Village- Chakle Waini, P.S-
Waini, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar , Advocate
For the Opposite Party/s : Mr. Bharat Lal , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend his arrest in a case registered
for the offence punishable under sections 126 ( 2), 115 ( 2 ),
118 (1) , 109, 351 ( 2 ) and 3 (5) of BNS.
3. As per F.I.R, informant alleged that on
11.08.2025 , these petitioners along with other co-accused
persons abused and assaulted informant and others, as a result
of which they sustained injuries. It is further alleged that
Patna High Court CR. MISC. No.7673 of 2026(2) dt.19-02-2026
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accused persons also disrobed the informant.
4. Learned counsel for the petitioners submitted
that allegation of assault is general and omnibus against these
petitioners. Injuries sustained by the injured are simple in
nature . Rest of the allegations are ornamental in nature to make
the case grave . Petitioners claim clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6. Considering the aforesaid facts, nature of injury ,
clean antecedent of the petitioners and other circumstances of
the case , in the event of arrest or surrender within eight weeks
from today, let the petitioners, as named above, be enlarged on
bail on furnishing bail bond of Rs.10,000/-(ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned ACJM Ist Samastipur in connection with Waini
P.S. Case No. 66 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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