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Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted subject to a bond of Rs.10,000, two sureties and compliance with Section 438(2) of the CrPC.

Summary

The petitioner, Sunita Devi, sought bail fearing arrest in a case registered under IPC sections 341, 323, 504, 379, 307 and 34, alleging she only caused simple injury and that the remaining allegations were exaggerated. The State opposed the bail. The court noted the petitioner’s clean antecedent and the nature of the alleged injury, and applied the provisions of Section 438(2) of the Code of Criminal Procedure. It ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, to be satisfied by the Chief Judicial Magistrate, Begusarai. The bail was conditioned on surrender within eight weeks and compliance with the terms of Section 438(2).

Issues considered

  • Whether bail should be granted to the petitioner in respect of offences under IPC sections 341, 323, 504, 379, 307 and 34.
  • Whether the petitioner’s clean antecedent and the nature of the alleged injury justify bail under Section 438(2) of the CrPC.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Section 438 CrPC
  • clean antecedent
  • sureties
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81262 of 2025
                 Arising Out of PS. Case No.-30 Year-2024 Thana- NIMACHANDPURA District- Begusarai
                 ======================================================
                 Rupesh Kumar S/o Mithilesh Poddar R/o Village / Mohalla - Cheria, Ward
                 No. 10, P.S - Nimachandpura, District - Begusarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :      Mr. Kalyan Shankar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                    Heard the parties.

                                2. Petitioner apprehends her arrest in a case registered

                   for the offence under Sections 341 , 323 , 504, 379, 307, 34 of

                   the Indian Penal Code .

                                 3 . As per F.I.R. petitioner is alleged to have assaulted

                   informant by means of iron rod and also snatched cash amount

                   of Rs. 1600/- from husband of informant.

                              4. Learned counsel for the petitioner submits that injury

                   caused by this petitioner is simple in nature . Case and counter

                   case . Rest of the allegations are ornamental in order to make

                   the case grave . Petitioner claims clean antecedent.

                                5 . Learned counsel for the State opposed the bail.

                                 6. Considering the aforesaid facts, clean antecedent

                   of this petitioner and circumstances, in the event of
            Patna High Court CR. MISC. No.81262 of 2025(2) dt.09-02-2026
                                                        2/2




                      arrest/surrender within a period of eight weeks from today, let

                      the petitioner namely Sunita Devi 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 learned

                      Chief Judicial Magistrate, Begusarai in connection with

                      Nimachandpura P.S. Case No. 30 of 2024, subject to condition

                      as laid down under Section 438(2) of the Code of Criminal

                      Procedure



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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