Patna High Court
Seema DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that bail must be granted to the petitioners subject to a bond and conditions.
Summary
The petitioners, four members of the Chaurasia family, were named in an FIR under sections 126(2), 115(2), 118(1), 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting an informant and his wife. They contended that the allegations stem from a private dispute between neighbours, that the injuries were minor, and that the FIR lacked a clear cause of occurrence. The State opposed bail, but the learned APP highlighted the existence of a case and counter‑case and the simple nature of the injuries. The Court examined the case diary, noted the minor injuries and the mutual hostility, and applied the bail provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023. Consequently, the Court ordered that the petitioners be released on bail upon furnishing a bond of ₹30,000 each, subject to conditions under Section 482(2).
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the existence of a case and counter‑case and the nature of injuries justify bail.
- Whether the FIR is sufficient to deny bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- FIR
- case and counter‑case
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7916 of 2026
Arising Out of PS. Case No.-114 Year-2025 Thana- PASRAHA District- Khagaria
======================================================
1. Seema Devi Son of Sunil Chaurasia All are Resident of Village - Jhanjhna,
P.S. - Pasraha, District - Khagaria.
2. Raju Kumar Son of Sunil Chaurasia All are Resident of Village - Jhanjhna,
P.S. - Pasraha, District - Khagaria.
3. Shivam Kumar Son of Sunil Chaurasia All are Resident of Village -
Jhanjhna, P.S. - Pasraha, District - Khagaria.
4. Sunil Chaurasia Son of Upendra Chaurasia @ Upendra Mandal All are
Resident of Village - Jhanjhna, P.S. - Pasraha, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amar Kumar Singh, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners who apprehend arrest in connection
with Pasraha P.S. Case No. 114 of 2025 lodged on 03.05.2025,
for the offences punishable under sections 126(2), 115(2),
118(1), 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged
against five named accused persons, including the petitioners. It
is alleged therein that all the accused persons reached the house
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of the informant and started abusing him. Upon protest being
made, petitioner no. 4, Sunil Chaurasiya, allegedly assaulted the
informant with an iron rod, while petitioner no. 2, Raju Kumar,
assaulted him with a dabiya, causing injury on his head/hand. It
is further alleged that one of the petitioners assaulted the wife of
the informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. It is
further submitted that both the petitioners and the informant are
residents of the same village and there exists a case and counter-
case between the parties. Petitioner no. 4 has instituted Pasraha
P.S. Case No. 115 of 2025 against the informant and others,
wherein he himself sustained grievous injuries. It is also
contended that the cause of the alleged occurrence has not been
disclosed in the F.I.R., which casts serious doubt on its veracity.
Moreover, the antecedents of the petitioners are clean and the
injuries alleged are simple in nature.
5. Learned A.P.P. for the State opposes the prayer for
bail; however, he fairly submits that, to verify the submission of
the petitioners regarding a free fight between the parties,
wherein petitioner no. 4, Sunil Chaurasiya, sustained head
injury and lodged Pasraha P.S. Case No. 115 of 2025, the case
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diary was called for on an earlier occasion.
6. Having regard to the facts and circumstances of the
case, and upon perusal of the case diary, it transpires that the
injuries sustained are simple in nature and there exists a case
and counter-case between the parties, let the above named
petitioners be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) each as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Judicial Magistrate, 1 st
Class, Khagaria, in connection with the aforementioned case,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
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