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Patna High Court

Mansoor Devi @ Mansoora DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners under Section 482(2) of the B.N.S.

Summary

The petitioners, Mansoor Devi, Khusbu Devi and Dinesh Kumar, sought anticipatory bail fearing arrest in a case alleging offences under several sections of the B.N.S., including assault and robbery. The prosecution alleged that on 24-04-2025 the accused assaulted an informant's wife, attacked the informant, and stole a gold chain and cash. The petitioners contended they were innocent, claiming the incident stemmed from a long‑standing land dispute and that the allegations were vague, general and ornamental, with no specific overt act attributed to them, and they have clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the general nature of the accusations, the case‑and‑counter‑case scenario, and the petitioners' clean record, exercised its inherent powers under Section 482(2) of the B.N.S. to grant anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties each, for arrests occurring within eight weeks.

Issues considered

  • Whether anticipatory bail can be granted despite the petitioners being named in a case involving multiple serious offences.
  • Whether the allegations against the petitioners are sufficiently specific to deny bail.
  • Whether Section 482(2) of the B.N.S. empowers the court to enlarge bail in the present circumstances.

Legislation cited

  • B.N.S. — s. 115, 117, 126, 3, 303, 329, 352, 482, 76

Subjects

  • anticipatory bail
  • Section 482
  • criminal procedure
  • assault
  • land dispute
  • clean antecedents
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88321 of 2025
                      Arising Out of PS. Case No.-202 Year-2025 Thana- PATLIPUTRA District- Patna
                 ======================================================
           1.     Mansoor Devi @ Mansoora Devi Wife of Mohan Sao Resident of Raja Pur
                  Pul Mainpura, Sidhewshwar Nagar, P.S. - Patliputra, Dist. - Patna.
           2.    Khusbu Devi Wife of Sri Dinesh Kumar Resident of 63, Housing Colony,
                 North Nehru Nagar, behind Shantilok Apartment, P.S. - Patliputra, Dist. -
                 Patna.
           3.    Dinesh Kumar Son of Sri Baijnath Singh Resident of 63, Housing Colony,
                 North Nehru Nagar, behind Shantilok Apartment, P.S. - Patliputra, Dist. -
                 Patna.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Kumar Kaushlendra, Advocate
                 For the State           :        Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   02-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 117(2), 76, 303(2), 329(4), 352 and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that on

                   24.04.2025, all the F.I.R. named accused persons, including

                   these petitioners, were abusing and assaulting wife of informant.

                   It is further alleged that when informant went to her rescue, he

                   was also assaulted and the accused persons also snatched gold

                   chain and cash from the informant.
Patna High Court CR. MISC. No.88321 of 2025(3) dt.02-02-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, on account of

          long standing land dispute, simple maar-peet took place

          between the parties in which both sides sustained injuries. There

          is case and counter-case. Allegation of assault is general and

          omnibus and no specific accusation of overt act has been alleged

          against these petitioners. Rest of the allegations are ornamental

          in order to make the case grave. Petitioners claim clean

          antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and

          counter-case and clean antecedents of the petitioners, the prayer

          for grant of anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners 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. Xth, Patna
             Patna High Court CR. MISC. No.88321 of 2025(3) dt.02-02-2026
                                                         3/3




                       in connection with Patliputra P.S. Case No. 202 of 2025, subject

                       to condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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