Patna High Court

Rajwanti DeviversusThe State of Bihar

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

Holding

The Court granted bail to the petitioners, holding that the circumstances and clean antecedent warranted release on bond.

Summary

The petitioners, three women from Nadiyawan village, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS). The FIR, filed by informant Rambali Das, alleged that the petitioners and co‑accused assaulted the informant and his elder son, and that the informant's brother later died. The petitioners contended that the allegation of assault on the deceased brother pertained only to other co‑accused and that they were only accused of assaulting the informant, causing only minor injuries, and possessed clean antecedents. The State opposed the bail application. Considering the petitioners' clean record, the limited nature of the alleged injuries, and the circumstances, the Court ordered bail on a bond of Rs 10,000 each with two sureties, subject to conditions under section 482(2) of the BNSS. The bail petition was consequently disposed.

Issues considered

Whether the petitioners are entitled to bail under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious nature of the offences alleged.
Whether the specific allegation of assault on the informant's deceased brother, attributed to other co‑accused, precludes granting bail to the petitioners.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)

Subjects

bail
criminal procedure
assault
clean antecedent
section 482
Bharatiya Nagarik Suraksha Sanhita
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82147 of 2025
                         Arising Out of PS. Case No.-393 Year-2024 Thana- GURUA District- Gaya
               ======================================================
           1 . Rajwanti Devi Kamlesh Ram Resident of Village- Nadiyawan, P.S.- Gurua,

                 Disrict-Gaya.
           2.    Suman Kumari D/o Kamlesh Ram Resident of Village- Nadiyawan, P.S.-

                 Gurua, Disrict-Gaya.
           3.    Surajmani Devi@ Suryamania Devi W/o Udesh Das Resident of Village-

                 Nadiyawan, P.S.- Gurua, Disrict-Gaya


                                                                                   ... ... Petitioner/s

                                                       Versus

                 The State of Bihar



                                                                             ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s       :     Mr. Md. Javed Jafar Khan, Advocate

                 For the Opposite Party/s :       Mr. Anand Kishore Choudhary, APP

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

2   09-02-2026                          Heard learned counsel for the petitioners and the

                   State .

                                 2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 103 , 191

                   ( 2 ), 190, 127 (1) , 115 ( 2 ), 109, 118 (1) , 117 ( 2 ), 74, 352

                   and 351 ( 2 ) of the BNS.
Patna High Court CR. MISC. No.82147 of 2025(2) dt.09-02-2026
                                            2/3




                       3 . As per F.I.R., informant namely, Rambali Das

          alleged that all the accused persons including these petitioners

          came and assaulted informant and these petitioners assaulted

          elder son of informant by rod, danda and other co-accused

          persons assaulted other family members of informant. Later,

          brother of informant died.

                       4. It is submitted on behalf of the petitioners that

          specific allegation of assault to brother of informant ( deceased )

          is against other co-accused persons. So far as, these petitioners

          are concerned, they are only alleged to have assaulted

          informant. Injuries allegedly caused by these petitioners are

          simple in nature . Petitioners are ladies and claim clean

          antecedent.

                       5 . Learned counsel for the State opposed the bail

          petition .

                       6 Considering the aforesaid facts, clean antecedent of

          these petitioners and other circumstances of the case , in the

          event of arrest or surrender within eight weeks from today, let

          the petitioners, as named above, 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 the learned

          JM 1st Class, Shergati District- Gaya in connection with Gurua
            Patna High Court CR. MISC. No.82147 of 2025(2) dt.09-02-2026
                                                        3/3




                      P.S. Case No. 393 of 2024 , subject to the conditions laid down

                      under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha

                      Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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