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Patna High Court

Sanju DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
            Patna High Court CR. MISC. No.77542 of 2025(3) dt.11-02-2026
                                                        3/3




                      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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