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Patna High Court

Asha Devi @ Asha AryaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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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