Patna High Court
Asha Devi @ Asha AryaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In the absence of a specific allegation of assault against the petitioners, the court held that bail must be granted.
Summary
The petitioners, Asha Devi and Narayan Kumar, were arrested on 23 July 2025 in connection with FIR dated 9 July 2025 alleging offences under Sections 126(2), 118(1), 109 and 3(5) of the B.N.S., wherein they were said to have participated in an assault on an informant and her husband. The petitioners contended that the FIR contains no specific allegation of assault against them, attributing the violent act solely to a co‑accused, Dipu Kumar, and argued that the charges against them are fabricated. The prosecution opposed bail, citing a prior criminal antecedent of the petitioners. The court examined the lack of a direct allegation against the petitioners and, despite the prosecution’s objection, ordered their release on bail with a bond of Rs. 10,000 each and several conditions, including cooperation with the trial and verification of any concealed criminal antecedent. The bail order was directed to be implemented by the Sub‑Divisional Judicial Magistrate, Sikrahana, East Champaran.
Issues considered
- Whether bail should be granted when the FIR does not specifically allege the petitioners' participation in the assault.
- Whether the petitioners' prior criminal antecedent justifies denial of bail.
Legislation cited
- B.N.S. — s. 109, 118(1), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- FIR
- specific allegation
- co‑accused
- prior criminal antecedent
- B.N.S.
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76865 of 2025
Arising Out of PS. Case No.-308 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
1. Asha Devi @ Asha Arya W/o Narayan Kumar R/o Village - Arya Samaj
Road @ Ashram Road, Ward no. 10, P.S - Raxaul, District - East
Champaran, Motihari
2. Narayan Kumar S/o Mahaveer Prasad R/o Village - Arya Samaj Road @
Ashram Road, Ward no. 10, P.S - Raxaul, District - East Champaran,
Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shamir Mehra, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 21-01-2026 Heard Mr. Shamir Mehra, learned counsel for the
petitioners and Mr. Choubey Jawahar, learned Additional Public
Prosecutor for the State.
2. The petitioners seeks bail, who are in custody since
23.07.2025 in connection with Raxaul P.S. Case No. 308 of
2025, F.I.R. dated 09.07.2025 for the offences punishable under
Sections 126(2), 118(1), 109, 3(5) of the B.N.S.
3. According to prosecution case, petitioners and other
co-accused persons armed with deadly weapons are alleged to
have assaulted the informant and her husband due to which they
sustained injuries.
4. Learned counsel for the petitioners submits that
petitioners are innocent and the allegation as alleged in the
F.I.R. is false and fabricated and the petitioners have not
Patna High Court CR. MISC. No.76865 of 2025(4) dt.21-01-2026
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committed any offence as alleged in the F.I.R. Although, the
petitioners are named in the F.I.R., but from a bare perusal of
F.I.R., it appears that the specific allegation of assault is
attributed against co-accused person, namely, Dipu Kumar who
has assaulted with knife on the chest and back side of ear of the
informant and there is no specific allegation of any assault or
overt act attributed against these petitioners rather the
allegations are general and omnibus against them. Both the
parties are agnates. He further submits that the police after
investigation, submitted chargesheet against the petitioners and
the petitioners are in custody since 23.07.2025.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioners and submits that the petitioners carries
one more criminal antecedent other than the present one.
6. Considering the aforesaid facts and circumstances
and the fact that there is no specific allegation of any assault or
overt act attributed against the petitioners rather the allegation
of assault is attributed against co-accused person, namely, Dipu
Kumar, let the petitioners, above named, be released 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 Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka,
Patna High Court CR. MISC. No.76865 of 2025(4) dt.21-01-2026
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East Champaran in connection with Raxaul P.S. Case No. 308 of
2025, with the following conditions:
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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