Patna High Court
Gauri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to a bond and sureties under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Gauri Devi, filed a bail petition fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNS). The FIR alleged that she, along with other accused, assaulted the informant and his father on 16-11-2025. The petitioner contended she was innocent, asserting that the specific assault charge pertained only to co‑accused Shrikant Yadav and that the allegation against her was general and omnibus. The State opposed the bail. Considering the petitioner’s clean antecedent, the nature of the accusation, and the circumstances, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to the conditions of section 482(2) of the BNS.
Issues considered
- Whether bail should be granted to the petitioner under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the allegations and her clean antecedent
- Whether the general and omnibus nature of the accusation against the petitioner justifies bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- clean antecedent
- specific vs general accusation
- Bharatiya Nagarik Suraksha Sanhita
- section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7777 of 2026
Arising Out of PS. Case No.-351 Year-2025 Thana- KATORIYA District- Banka
======================================================
Gauri Devi W/o Srikant Yadav Resident Of Village- Tetariya, Ps- katoriya,
Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi , Advocate
Mr. saurabh Raj, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),
109 (1) , 303 ( 2 ), 352, 351 ( 2 ) and 3 (5) of BNS.
3 . As per F.I.R. informant alleghed that on
16.11.2025 all the accused persons including this petitioner
came at the field of informant and started abusintg him. Upon
objection , accused persons assaulted informant and his father,
as a result of which they sustained injuries.
4. It is submitted on behalf of the petitioners that
petitioner is innocent and has committed no offence as alleged.
Specific accusation of assault is against co-accused Shrikant
Patna High Court CR. MISC. No.7777 of 2026(2) dt.19-02-2026
2/2
Yadav . So far as, this petitioner is concerned, allegation is
general and omnibus against him. Case and counter case .
Petitioner is lady and claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate Banka in connection with Katoriya P.S. Case No.
351 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
Checking your session…