Patna High Court
RENU DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to a bond and sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, three relatives of co-accused Manoj Sah, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109, 75, 303(2) and 3(5) of the Bhartiya Nyaya Sanhita. The prosecution alleged that Manoj Sah assaulted an informant and his family, and that the petitioners also participated in the assault and in snatching a chain from the informant’s son. The petitioners argued that they are agnates of the co-accused, that the specific charge of assault is against Manoj Sah, and that the allegation of snatching is merely ornamental, emphasizing their clean antecedents. The State opposed the bail, but the Court, after considering the facts, exercised its power under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, and granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance within eight weeks of arrest. The order also imposed conditions as per the statutory provision.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the serious nature of the alleged offences.
- Whether the petitioners' alleged participation in the assault and chain‑snatching justifies denial of bail.
- Whether the petitioners' familial relationship to the co‑accused and their clean antecedents warrant the grant of bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 75
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86999 of 2025
Arising Out of PS. Case No.-255 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
1. RENU DEVI, W/o- Manoj Kumar Sah @ Manoj Sah R/v- Govindpur
Khajuri Ps- Kalyanpur District- Samastipur
2. Nisha Kumari @ Nisha Sahu, D/o- Manoj Kumar Sah @ Manoj Sah R/v-
Govindpur Khajuri PS- Kalyanpur District- Samastipur
3. Vikash Kumar, S/o- Manoj Kumar Sah @ Manoj Sah R/v- Govindpur
Khajuri, PS- Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-01-2026 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(2), 109,
75, 303(2), 3(5) of the Bhartiya Nyaya Sanhita.
3. As per prosecution case, co-accused Manoj Sah
misbehaved with the grand-daughter of the informant, on
protest, co-accused Manoj Sah started assaulting informant
and other family members. Thereafter, all the petitioners
assaulted informant and his son.
4. Learned counsel for the petitioners submits that
both the parties are agnates and there is case and counter case
between the parties. Specific accusation of assault is against
co-accused Manoj Sah. Petitioners are family members of co-
accused Manoj Sah and there is general and omnibus
Patna High Court CR. MISC. No.86999 of 2025(3) dt.15-01-2026
2/2
allegation against all these petitioners. The allegation of
snatching chain from the neck of the informant’s son is
ornamental in nature. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State and learned counsel
for the informant opposed the bail petition.
6. Considering the facts and circumstance of the case,
the prayer for anticipatory bail of petitioners is allowed. 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 C.J.M., Samastipur in connection with Kalyanpur P.S.
Case No. 255 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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