Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioners are entitled to bail subject to the conditions imposed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioners, Rita Devi and Dilkhush Paswan, sought bail fearing arrest in a case registered under multiple offences of the Bhartiya Nyaya Sanhita. They argued that the FIR specifically alleged assault by bamboo only against co‑accused Manish Paswan, and that there was no allegation of assault against them; Dilkhush was only accused of snatching a silver chain, and Rita is a woman with a clean antecedent. The State opposed the bail application. The court examined the allegations and the petitioners’ claim of lack of direct involvement in the serious offences. Considering the circumstances, the court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs 10,000 each with two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita. The bail order effectively disposes of the petition.
Issues considered
- Whether the petitioners are entitled to bail despite the FIR charging them under Sections 126(2), 115(2), 109, 303(2), 352, 74, 329(4) & 3(5) of the Bhartiya Nyaya Sanhita
- Whether the allegations in the FIR sufficiently link the petitioners to the offences to deny bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 329(4), 3(5), 352, 74
Subjects
- bail
- criminal procedure
- section 482
- Bhartiya Nyaya Sanhita
- offence of assault
- snatching
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8509 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- Marnga District- Purnia
======================================================
1. Rita Devi wife of Parmanand Paswan R/V- Thara, Bahadurpur, P.S-Maranga,
Dist-Purnea,
2. Dilkhush Paswan @ Dilkhush Kumar Son of Permanand Paswan R/V-
Thara, Bahadurpur, P.S-Maranga, Dist-Purnea,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh
For the Opposite Party/s : Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 109,
303(2), 352, 74, 329(4) & 3(5) of the Bhartiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that as
per F.I.R. itself, specific accusation of assault by bamboo is
against co-accused Manish Paswan. So far as these petitioners
are concerned, there is absolutely no allegation of assault.
Petitioner no. 2 (Dilkhush Paswan) is only alleged to have
snatched silver chain from the neck of informant, whereas
petitioner no. 1 is lady. Petitioners claim clean antecedent.
4. Learned A.P.P. for the State has opposed the bail
petition.
Patna High Court CR. MISC. No.8509 of 2026(2) dt.23-02-2026
2/2
5. In the facts and circumstances of the case, let the
above named petitioners, in the event of their arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Purnea in connection with
Maranga P.S. Case No. 223 of 2025, subject to condition as laid
down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Anay
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