Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners, subject to conditions, as the allegations against them were non‑specific and they possessed clean antecedents.
Summary
The petitioners – Usha Devi, Neha Kumari and Akshay Kumar – sought bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging assault on an informant and his brother, the latter of whom later died. The prosecution’s case specifically implicated co‑accused Shrawan Rai for the fatal assault, while the petitioners were only mentioned in a general, omnibus allegation with no specific overt act attributed to them. The petitioners highlighted their clean antecedents and pointed to a similar co‑accused, Puja Devi, who had previously been granted bail. The State opposed the bail application. The court, considering the lack of specific allegations against the petitioners and the precedent, ordered that they be released on bail upon surrender within eight weeks, subject to a bond of Rs 10,000 and two sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to bail despite being named only in a general allegation without specific overt acts.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be invoked to grant bail in this circumstance.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 118(2), 126(2), 127(2), 190, 191(1), 324(2), 351(2), 352
Subjects
- bail
- criminal procedure
- general allegation
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- assault
- homicide
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88201 of 2025
Arising Out of PS. Case No.-142 Year-2025 Thana- DALSINGHSARAI District- Samastipur
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1 . Usha Devi W/O Sarvan Ray Resident of Village- Pagra, Ward No.-2, Police
Station- Dalsingsarai, District-Samastipur.
2. Neha Kumari D/O Sarvan Ray Resident of Village- Pagra, Ward No.-2,
Police Station- Dalsingsarai, District-Samastipur.
3. Akshay Kumar D/O Sarvan Ray Resident of Village- Pagra, Ward No.-2,
Police Station- Dalsingsarai, District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State .
2. The petitioners apprehend her arrest in a case
registered for the offence under Sections 191(1), 190, 126(2),
127(2), 115(2), 118(2), 324(2), 103(1), 352, 351(2) of the
Bhartiya Nyaya Sanhita, 2023.
3 . As per the prosecution case , on 17.04.2025 at
about 4 PM, while informant was at his door, all the accused
persons named in the F.I.R. including these petitioners came and
Patna High Court CR. MISC. No.88201 of 2025(2) dt.10-02-2026
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assaulted informant and his brother. It is further alleged that co-
accused Sharwan Rai assaulted on the head of brother of
informant with iron rod, as a result of which, brother of
informant died in course of treatment.
4. Learned counsel for the petitioners submits that
specific accusation of assault is against co-accused Shrawan
Rai. So far as these petitioners are concerned, there is general &
omnibus allegation and no specific overt act has alleged against
them. Petitioner Nos. 1 and 2 are ladies and all these
petitioners claim clean antecedent. Similarly situated co-accused
persons namely , Puja devi with identical allegations has already
been granted bail by this Hon’ble Court vide order dated
11.11.2025 in Cr. Misc. No. 75782 of 2025 .
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 arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned A.C.J.M. - I, Dalsingsarai Samastipur / concerned Court
in connection with Dalsing Sarai P.S. Case No. 142 of 2025 ,
Patna High Court CR. MISC. No.88201 of 2025(2) dt.10-02-2026
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subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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