Patna High Court
Puja DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners.
Summary
The petitioners – Puja Devi, Mukesh Kumar, Vishal Kumar and Rajkumari Devi – sought anticipatory bail fearing arrest in a case registered under Sections 190, 191(2), 191(3) and 103 of the Bharatiya Nyaya Sanhita for alleged assault on an informant's father that led to his death. The prosecution alleged that the accused, along with several unknown persons, attacked the victim with weapons, causing fatal injuries. The petitioners contended they were not specifically implicated, highlighted inconsistencies in the post‑mortem report, and emphasized their clean antecedent. The State opposed the bail. Considering the nature of the allegations, lack of specific incriminating material against the petitioners and their clean record, the Court granted anticipatory bail, directing that if arrested within eight weeks they be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the allegations under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103, 190, 191(2), 191(3)
Subjects
- anticipatory bail
- criminal procedure
- assault
- homicide
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77812 of 2025
Arising Out of PS. Case No.-166 Year-2024 Thana- BALIGAON District- Vaishali
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1 . Puja Devi Wife of Kanhai Rai Resident of Village- Chakmir Banki Police
Station -Baligaon District -Muzaffarpur
2. Mukesh kumar son of Late Baiju Rai Resident of Village- Chakmir Banki
Police Station -Baligaon District -Muzaffarpur
3. Vishal Kumar Son of Kanhai Rai Resident of Village- Chakmir Banki Police
Station -Baligaon District -Muzaffarpur
4. Rajkumari Devi wife of Late Baiju Rai Resident of Village- Chakmir Banki
Police Station -Baligaon District -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S. K, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 190, 191(2), 191(3), 103
of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 02.12.2024 at
about 6 PM, all the F.I.R. named accused persons, including
these petitioners along with 8 to 10 unknown persons, hurled
verbal abuses, damaged the house of informant and assaulted
her father by means of lathi, stick, spear, knife, etc. as a result of
Patna High Court CR. MISC. No.77812 of 2025(2) dt.05-02-2026
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which he died during course of treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. From bare
perusal of the First Information report 23 named accused
persons and 8 to 10 unknown persons assaulted father of the
informant but as per post-mortem report, deceased sustained
only four injuries which itself raises doubt over veracity of the
prosecution case. Allegation of assault is general and omnibus
and there is no specific allegation of overt act against petitioner.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged 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 Judicial Magistrate ,
First Class of Court No. 6, Vaishali at Hajipur in connection
with Baligaon P. S. Case No. 166 of 2024 , subject to condition
as laid down under Section 482(2) of the Bharatiya Nagarik
Patna High Court CR. MISC. No.77812 of 2025(2) dt.05-02-2026
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Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Koushik/-
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