Patna High Court
Suganti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court conditionally granted bail to the petitioners, subject to surrender within eight weeks and compliance with the bail bond and surety requirements.
Summary
The petitioners, members of a family involved in a land dispute, were charged under multiple offences of the Bhartiya Nyaya Sanhita for allegedly assaulting an informant and others, causing injuries. They sought bail, asserting a clean antecedent and that the assault allegations were vague. The State opposed the bail application. The Court considered the circumstances, including the nature of the dispute and the petitioners' background, and ordered that bail be granted if the petitioners surrender within eight weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order effectively releases the petitioners pending trial, provided they comply with the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioners charged with offences under the Bhartiya Nyaya Sanhita in the context of a land‑dispute‑related assault.
- Whether the conditions imposed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, are appropriate for granting bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 115, 118(1), 126(2), 303(2), 3(5), 351(1), 352, 74
Subjects
- bail
- assault
- land dispute
- criminal procedure
- inherent powers
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86014 of 2025
Arising Out of PS. Case No.-557 Year-2025 Thana- SIWAN CITY District- Siwan
======================================================
1. Suganti Devi W/O Ranjit Ram R/O Mohalla- Rajendra Nagar, Street No.- 4,
P.S.- Siwan Town, Dist.- Siwan
2. Ranjit Ram S/O Chandeshwar Ram R/O Mohalla- Rajendra Nagar, Street
No.- 4, P.S.- Siwan Town, Dist.- Siwan
3. Manish Ram S/O Ranjit Ram R/O Mohalla- Rajendra Nagar, Street No.- 4,
P.S.- Siwan Town, Dist.- Siwan
4. Sugi Devi @ Suggi Devi W/O Manish Ram R/O Mohalla- Rajendra Nagar,
Street No.- 4, P.S.- Siwan Town, Dist.- Siwan
5. Suraj Kumar S/O Ranjit Ram R/O Mohalla- Rajendra Nagar, Street No.- 4,
P.S.- Siwan Town, Dist.- Siwan
6. Golu Kumar S/O Ranjit Ram R/O Mohalla- Rajendra Nagar, Street No.- 4,
P.S.- Siwan Town, Dist.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Adv.
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-01-2026 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, 74,
118(1), 303(2), 351(1), 352, 3(5) of the Bhartiya Nyaya Sanhita.
3. As per the prosecution case, these petitioners and
one co-accused are alleged to have assaulted informant and
others, as a result of which, three persons sustained injuries.
Patna High Court CR. MISC. No.86014 of 2025(2) dt.07-01-2026
2/2
4. Learned counsel for the petitioners submits that on
account of land dispute between the parties, scuffle took place in
which both sides sustained injuries. Petitioners are own Gotiyas
of informant. Case and counter case. Allegation of assault is
general and omnibus. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
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, Siwan in
connection with Siwan Town P.S. Case No. 557 of 2025, subject
to condition as laid down under Section 482 of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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