Patna High Court

SARITA DEVIversusTHE STATE OF BIHAR

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, Sarita Devi, Pramod Mandal and Lal Babu Mandal, were named in an FIR for allegedly assaulting the son of an informant with an iron rod, bricks and stones on 14 March 2025, resulting in the victim's death. They contended that the post‑mortem report showed only a single injury, contradicting the prosecution’s version, and that the specific assault allegation pertained to another co‑accused, Bechan Mandal. The petitioners also highlighted their clean antecedent. The State opposed the bail application. Considering the nature of the accusation, the lack of conclusive evidence, and the petitioners’ 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 conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

What is the appropriateness of granting anticipatory bail to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023?
Whether the allegations in the FIR, given the post‑mortem findings and the claim that the primary assault charge is against another co‑accused, justify denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 75

Subjects

anticipatory bail
assault
homicide
clean antecedent
Section 482
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81506 of 2025
                      Arising Out of PS. Case No.-158 Year-2025 Thana- NAANPUR District- Sitamarhi
               ======================================================
           1 . SARITA DEVI W/O BECHAN MANDAL R/O VILL.- SORIA BADI,
                SUKLU TOLL, WARD NO. 01, P.S.- BOKHARA, DIST.- SITAMARHI
           2.    PRAMOD MANDAL S/O KALLU MANDAL R/O VILL.- SORIA BADI,

                 SUKLU TOLL, WARD NO. 01, P.S.- BOKHARA, DIST.- SITAMARHI
           3.    LAL BABU MANDAL @ LALU MANDAL S/O ASESAR MANDAL R/O

                 VILL.- SORIA BADI, SUKLU TOLL, WARD NO. 01, P.S.- BOKHARA,

                 DIST.- SITAMARHI

                                                                                   ... ... Petitioner/s
                                                        Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :        Mr. Pushpendra Kumar Singh, Advocate

                 For the Opposite Party/s :        Mr. Binod Kumar , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                      Heard learned counsel for the petitioners, informant

                   and the State .

                                 2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   109, 75, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya

                   Sanhita. Section 103(1) BNS was added later on.

                                 3 . As per prosecution case, on 14.03.2025 at about 7

                   PM, all the F.I.R. named accused persons, including these

                   petitioners assaulted the son of informant with iron rod, bricks
Patna High Court CR. MISC. No.81506 of 2025(2) dt.09-02-2026
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          and stones as a result of which he died during course of

          treatment.

                       4. Learned counsel for the petitioners submits that as

          per F.I.R., 15 named accused persons, including these

          petitioners, assaulted the deceased but as per post-mortem

          report, only injury was found on the person of deceased which

          itself falsifies the prosecution story. He further submits that

          during course of investigation it has come that specific

          accusation of assault is against co-accused Bechan Mandal.

          Petitioners claim clean antecedent.

                       5 . Learned A.P.P. for the State vehemently opposed

          the bail application .

                       6. Considering the 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 their

          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 Sub-Divisional Judicial

          Magistrate , Pupri at Sitamarhi in connection with Nanpur

          (Bokhra) P. S. Case No. 158 of 2025 , subject to condition as

          laid down under Section 482(2) of the Bharatiya Nagarik
            Patna High Court CR. MISC. No.81506 of 2025(2) dt.09-02-2026
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                      Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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