Patna High Court
Mansoor Devi @ Mansoora DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
2/3
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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