Patna High Court
Parvati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to a bail bond and conditions of cooperation.
Summary
The petitioners Parvati Devi, Bikau Raut and Sonu Bhagat sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S., alleging they had assaulted the informant and others. The FIR alleged that they were armed and caused injuries, but the medical report showed only simple injuries to the informant and no injury report for Guddu Giri, one of the alleged victims. The State and the informant opposed bail, citing the injury to a vital part of the body. The Court noted the existence of a case and counter‑case, the minor nature of the injuries, and the lack of an injury report for Guddu Giri, and therefore granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions of cooperation. The bail order was made under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S.S, 2023, with specific compliance requirements.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged assault and the nature of injuries.
- Whether the absence of an injury report for one alleged victim affects the bail decision.
- Whether the existence of a case and counter‑case warrants granting bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 189(2), 303(2), 351(2), 352
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- injury
- Section 438
- Section 482
- criminal procedure
- bail conditions
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79295 of 2025
Arising Out of PS. Case No.-137 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
1. Parvati Devi W/o Shyam Bhagat Resident of village- Jhitkohiya, (Kataiya),
PS- Basopatti, Dist- Madhubani
2. Bikau @ Bikau Raut S/o Panchu Raut @ Saryug Bhagat Resident of village-
Jhitkohiya, (Kataiya), PS- Basopatti, Dist- Madhubani
3. Sonu Bhagat @ Sonu Kamat S/o Ram Udgar Kamat @ Sundar Kamat @
Sundar Bhagat Resident of village- Jhitkohiya, (Kataiya), PS- Basopatti,
Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah
Mrs. Archna Anand
For the Informant Mrs. Sweta Singh
For the State : Mr. Tapeshwar Sharma
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners, learned APP
for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered under Sections 189 (2), 126(2), 115(2), 303(2), 109,
352, 351(2) of the BNS.
3. Allegation in the first information report is that the
accused persons came variously armed to the field and indulged
in assault causing injuries.
4. Learned counsel for the petitioners submits that so
far as the petitioner nos. 2 and 3 are concerned, the allegation
upon them is not assaulting the informant but that of assaulting
Patna High Court CR. MISC. No.79295 of 2025(3) dt.21-01-2026
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Guddu Giri and there is no injury report of said Guddu Giri on
record. So far as the petitioner no. 1 is concerned, the allegation
is that of assaulting the informant by means of iron rod on her
head along with her son Rohit Bhagat but the injury report of
the informant available in the case diary discloses the same to
be simple in nature even after the examination of the medical
board. It has also been submitted that there is case and counter
case and Annexure-2 has also been brought on record.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State and learned counsel for the
informant on the basis of the injury suffered by the informant on
vital part of the body.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is case
and counter case and the injury suffered by the informant is
simple in nature coupled with the fact that there is no injury
report of Guddu Giri on record, let the above named petitioners,
in the event of their arrest or surrender before the learned Court
below within a period of four weeks, be released on anticipatory
bail in connection with Basopatti P.S. Case no.137 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
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of the learned Court below where the case is pending subject to
the condition laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the B.N.S.S, 2023,
subject to the conditions:
(i) The petitioners would cooperate in the
investigation/ trial by making themselves available before the
Investigating Officer and in case of any non-cooperation in
investigation the prosecution would be at liberty to get the bail
bonds of the petitioners cancelled.
(ii) One of the bailors will be a family member/close
relative.
(Soni Shrivastava, J)
devendra/-
U T
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