Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to Sunita Devi, Pukar Yadav and Nageshwar Yadav, while directing Chandeshwar Yadav to surrender and seek regular bail.
Summary
The petitioners sought pre‑arrest bail in a case involving alleged assaults and robbery under several sections of the Bihar Negotiable Statutes. The FIR alleged that the accused had assaulted an informant, his mother, and brother, and had stolen a gold chain. The court noted that no specific allegation was made against Sunita Devi and that the injuries to the informant and his mother were not to vital parts of the body. It found that the petitioners had made out a prima facie case for pre‑arrest bail, directing their release upon furnishing bail bonds, while ordering Chandeshwar Yadav to surrender and apply for regular bail. The district court was directed to verify their criminal antecedents, and the bail applications were disposed of.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the alleged offences
- Whether a specific allegation against Sunita Devi exists in the FIR
- Whether the injuries alleged constitute a ground to deny bail under Section 482(2) of the BNS
- Whether the nature of the assault (vital part of the body) affects bail eligibility
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303, 352, 482(2), 76
Subjects
- pre‑arrest bail
- assault
- grievous injury
- Section 482
- bail bond
- criminal antecedent
- vital part of body
- Bihar Negotiable Statutes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84857 of 2025
Arising Out of PS. Case No.-305 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Sunita Devi W/O Nageshwar Yadav
2. Chandershwar Yadav S/O Late Babulal Rai
Both are R/O Village- Tikkuliya, P.S- Muffasil Motihari, District- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 80230 of 2025
Arising Out of PS. Case No.-305 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Pukar Yadav S/o- Late Yugeshwar Yadav
2. Nageshwar Yadav S/o- Shyamakant Yadav
Both are R/v- Tikuliya Ps- Muffasil Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 84857 of 2025)
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Ms.Gulnar Begum, APP
(In CRIMINAL MISCELLANEOUS No. 80230 of 2025)
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 04-05-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Muffasil P.S. Case No. 305/2025 registered for the
Patna High Court CR. MISC. No.84857 of 2025(4) dt.04-05-2026
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offence(s) punishable under Sections 191(2), 190, 126(2),
115(2), 118(1), 117(2), 109, 76, 303 and 352 of the BNS.
3. As per the allegations made in the FIR, the
accused persons named therein, including the petitioners, came
to the house of the informant and abused him. When the
informant protested, they assaulted him. Accused Pukar Yadav
inflicted a blow with an iron rod upon the informant, while
accused Nageshwar Yadav assaulted the informant’s mother
with an iron rod on her right hand, causing a fracture injury.
Chandeshwar Yadav inflicted a farsa blow to the informant’s
brother, resulting in a head injury. Accused Surendra Yadav
allegedly snatched a gold chain worth Rs. 1,00,000/- from the
neck of the informant.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and have
been falsely implicated in the present case. It is contended that
no specific allegation has been levelled against Sunita Devi. So
far as Chandeshwar Yadav is concerned, the allegation is of
assaulting the informant’s brother with a farsa on his head,
however, the injury sustained is stated to be simple in nature.
With regard to Pukar Yadav, the allegation is that he assaulted
the informant on his hand and shoulder, while Nageshwar Yadav
Patna High Court CR. MISC. No.84857 of 2025(4) dt.04-05-2026
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is alleged to have assaulted the informant’s mother on her hand,
causing grievous injuries to both of them, however, the injuries
are not on any vital part of the body. It is further submitted that
the petitioners have clean antecedents. On these grounds, the
petitioners seek to be released on pre-arrest bail.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties and upon perusal of the allegations made in
the FIR, I find that there is no specific allegation against Sunita
Devi (petitioner no.1 in Cr. Misc. No. 84857 of 2025). So far
as Pukar Yadav and Nageshwar Yadav (petitioners in Cr. Misc.
No. 80230 of 2025) are concerned, the allegation against Pukar
Yadav is that he assaulted the informant on his hand and
shoulder, while Nageshwar Yadav assaulted the informant’s
mother on her hand, causing grievous injury, however, the
injuries are not on vital parts of the body. In view of the above, I
am of the opinion that they have, prima facie, made out a case
for grant of pre-arrest bail.
7. Accordingly, Sunita Devi (petitioner no.1 in Cr.
Misc. No. 84857 of 2025) and Pukar Yadav and Nageshwar
Yadav (petitioners in Cr. Misc. No. 80230 of 2025) are
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directed to be released on pre-arrest bail, in the event of their
arrest or surrender before the learned District Court within a
period of four weeks from today, on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each, to the satisfaction of the learned C.J.M., East
Champaran, Motihari / concerned Court, in connection with
Muffasil P.S. Case No. 305/2025, subject to the conditions laid
down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the Sunita Devi (petitioner no.1 of Cr.
Misc No.84857 of 2025) and Pukar Yadav and Nageshwar
Yadav (petitioners of Cr. Misc. No.80230 of 2025) and if it is
found that they are involved in some other cases, as what has
been stated in paragraph no.3 of the bail application, this order
will automatically lose its force.
9. So far as accused Chandeshwar Yadav
(petitioner no.2 in Cr. Misc. No. 84857 of 2025) is concerned,
the allegation against him is that he assaulted the informant’s
brother on the head with a farsa with an intention to kill, which
is a vital part of the body. Although the injury is stated to be
simple in nature, considering the nature of the allegation, he is
directed to surrender before the learned District Court and seek
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regular bail.
10. The bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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