Patna High Court
Sanju DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court ordered the release of the petitioners on bail subject to bond and conditions.
Summary
The petitioners, members of the Kumar family, sought bail after being implicated in a case registered under several sections of the Bharatiya Nyaya Sanhita for alleged assault, theft and threats against an informant and her family. The prosecution alleged that the petitioners abused and assaulted the informant, snatched a mobile phone and money, and threatened them. The petitioners contended that the allegations stem from a land dispute, that the injuries were minor, and that they have no criminal antecedent, offering to cooperate with the investigation. The State opposed the bail application. After considering the facts, the court granted bail to the petitioners, subject to a bond of Rs.10,000 with two sureties each and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the charges under the Bharatiya Nyaya Sanhita
- Whether the circumstances, including alleged false implication and lack of serious injury, justify bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 126(2), 303(2), 3(5), 351, 352
Subjects
- bail
- criminal procedure
- assault
- theft
- land dispute
- false implication
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77542 of 2025
Arising Out of PS. Case No.-384 Year-2024 Thana- DIDARGANJ District- Patna
======================================================
1. Sanju Devi Wife of Salesh Kumar @ Salesh Singh R/O Vill. - Gouharpur,
P.S.- Didarganj, Patna, District - Patna.
2. Rishu Kumar Son of Salesh Kumar @ Salesh Singh R/o Village -
Gouharpur, P.S. - Didarganj, Patna, Dist. - Patna.
3. Salesh Kumar @ Salesh Singh Son of Late Ramashish Singh R/o Village -
Gouharpur, P.S. - Didarganj, Patna, Dist. - Patna.
4. Aakash Kumar Son of Salesh Kumar @ Salesh Singh R/o Village -
Gouharpur, P.S. - Didarganj, Patna, Dist. - Patna.
5. Vikash Kumar Son of Salesh Kumar @ Salesh Singh R/o Village -
Gouharpur, P.S. - Didarganj, Patna, Dist. - Patna.
6. Manti Singh @ Manish Singh Son of Late Ramashish Singh R/o Village -
Gouharpur, P.S. - Didarganj, Patna, Dist. - Patna.
7. Meghan Singh Son of Late Madan Singh R/o Village - Gouharpur, P.S. -
Didarganj, Patna, Dist. - Patna.
8. Vishal Kumar Son of Late Binod Singh R/o Village - Gouharpur, P.S. -
Didarganj, Patna, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manendra Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 110, 303(2), 351, 352
and 3(5) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, all the FIR named accused
Patna High Court CR. MISC. No.77542 of 2025(3) dt.11-02-2026
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persons including the petitioners abused and assaulted the
informant and her family members, due to which, they sustained
injuries. It is also alleged that the accused persons snatched
mobile phone, money from the nephew of the informant and
threatened with dire consequences.
4. Learned counsel for the petitioners submits that
petitioners are innocent and due to land dispute between the
parties, whole family members including female members have
been falsely implicated by the informant with ulterior motive.
Further submission is that there is case and counter case
between the parties. From perusal of the injury report, it appears
that the injuries are not serious in nature, however, doctor
reserved the opinion as the patient was referred to NMCH for
X-ray and C.T. scan but the said report has not been produced.
Petitioners have no criminal antecedent. They undertake to
cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the parties,
let the above named petitioners be released on bail, in the event
of arrest or surrender before the learned court below within a
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period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate-I, Patna City in connection with Didarganj P.S. Case
No. 384 of 2024, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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