Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied bail to petitioner No.1, granted bail to petitioner No.3 with conditions, and dismissed the bail petition of petitioner No.2 as withdrawn.
Summary
The High Court heard a pre‑arrest bail application filed by three petitioners in a case involving alleged assault and other offences under the Bihar Nagarik Suraksha Sanhita. The petitioners sought bail for all three, but the counsel for petitioner No.2 withdrew his application, which the court allowed. The State opposed bail for petitioner No.1, alleging he assaulted the informant's husband with an iron rod. The court rejected bail for petitioner No.1, finding the specific allegations serious. For petitioner No.3, the court noted the allegations were general, she is a woman with a clean record, and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petition was disposed with bail granted to No.3, denied to No.1, and withdrawn for No.2.
Issues considered
- Whether pre‑arrest bail should be granted to petitioner No.1 accused of assault under sections of the Bihar Nagarik Suraksha Sanhita.
- Whether pre‑arrest bail should be granted to petitioner No.3 despite general and omnibus allegations.
- Whether the petition for bail of petitioner No.2 can be withdrawn.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- pre‑arrest bail
- assault
- Bihar Nagarik Suraksha Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- gender considerations
- clean antecedent
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83147 of 2025
Arising Out of PS. Case No.-217 Year-2025 Thana- RAJAON District- Banka
======================================================
1 . Gaurav Kumar Son of Ashok Mandal Resident of Village- Bhagwanpur, Ps-
Rajoun, Dist- Banka
2. Sunaina Devi Wife of Ashok Mandal Resident of Village- Bhagwanpur, Ps-
Rajoun, Dist- Banka
3. Sujata Kumari wife of Gaurav Kumar Mandal Resident of Village-
Bhagwanpur, Ps- Rajoun, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 At the outset, learned counsel for the petitioners seek
permission to withdraw the pre-arrest bail petition with respect
to petitioner No. 2.
2. Permission is accorded.
3 . This bail petition with respect to petitioner No. 2 is
dismissed as withdrawn .
4. Heard learned counsel for the petitioner Nos. 1 and
3 and the State .
5 . Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 76,
110, 352, 351 ( 2 ), 3 / 5 and 117 ( 2 ) of BNS.
Patna High Court CR. MISC. No.83147 of 2025(2) dt.05-01-2026
2/3
6. As per the prosecution case , informant namely,
Renu Kumari alleged that on 08.05.2025 , petitioner No. 1 came
and started misbehaving with informant and thereafter, co-
accused Sunaina Devi and petitioner No. 3 came and started
abusing and assaulting her. It is further alleged that when
informant informed about the aforesaid incident to her husband,
and thereafter, her husband went to ask regarding the aforesaid
occurrence , then petitioner No. 1 assaulted him by means of
iron rod and petitioner No. 3 snatched mangalsutra from
informant.
7. Learned counsel for the petitioners submitted that
petitioners are innocent and have falsely been implicated in this
case due to land dispute . Allegation of assault is general and
omnibus against these petitioners. There is inordinate delay of 5
days in lodging the present F.I.R. which itself creates doubt over
the entire prosecution . Petitioners claim clean antecedent.
8 . Learned counsel for the State opposed the bail
petition and submitted that specific accusation of assault is
against petitioner No. 1 who is alleged to have assaulted
husband of informant.
9. Considering the nature of accusation against
petitioner No. 1 , his prayer for pre – arrest bail is rejected.
Patna High Court CR. MISC. No.83147 of 2025(2) dt.05-01-2026
3/3
10 . Considering the general and omnibus allegation
against petitioner No. 3 and also the fact that she is lady and has
got clean antecedent and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioner No. 3 , as named above, 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 the learned
in connection with Rajoun P.S. Case No. 217 of 2025 , subject
to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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