Patna High Court
Reena DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Reena Devi was arrested on 16 October 2025 in connection with a FIR alleging assault on an informant's brother, resulting in grievous hurt, under several sections of the B.N.S., 2023. She filed a bail petition claiming innocence and stating that there is a case and counter‑case, with no intention to kill. The prosecution opposed bail, highlighting the seriousness of the assault and a pending second case against her. The court noted that the petitioner is a woman, has been in custody for several months, and that the evidence is contested. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- What is the appropriateness of granting bail to the petitioner accused of grievous assault under the B.N.S., 2023?
- Whether the seriousness of the alleged offences and the existence of a pending case warrant denial of bail?
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 74
Subjects
- bail
- assault
- grievous hurt
- B.N.S. 2023
- criminal procedure
- case and counter case
- gender considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88350 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- BANDHUWA KURAWA District- Banka
======================================================
Reena Devi W/o Bhanu Yadav @ Bhanu Pratap Yadav R/o Village -
Kharauni, P.S - Bandhuwa Kurawa, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratyush Pratap Singh, Advocate
For the Opposite Party/s : Mrs. Nirmala Kumari, APP
For the Informant : Mr. Debesh Kumar Poddar, Advocvate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Pratyush Pratap Singh, learned counsel for
the petitioner, Mr. Debesh Kumar Poddar, learned counsel for
the Informant and Mrs. Nirmala Kumari, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
16.10.2025 in connection with Bandhuwa Kurawa P.S. Case No.
62 of 2025, F.I.R. dated 15.10.2025 for the offences punishable
under Sections 126(2), 115(2), 117(2), 118(1), 109, 74, 352, 351
(2), 3(5) of the B.N.S., 2023.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have assaulted the informant
and his family members. The specific allegation against the
petitioner is that she gave axe blow on the nose of the
informant’s brother.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.88350 of 2025(2) dt.15-01-2026
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petitioner is innocent and has falsely been implicated in the
present case. Although the specific allegation against the
petitioner in the F.I.R. that the petitioner has assaulted the
informant’s brother on his nose and the injury is found to be
grievous in nature. There is case and counter case and there was
no intention to kill the informant’s brother. Both sides have
received the injury and the petitioner herself has received the
injury in the present occurrence. The Police after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 16.10.2025.
5. Learned counsel for the informant and learned APP
for the State have vehemently opposed the prayer for bail of the
petitioner and submits that there is specific allegation of assault
against the petitioner who has received grievous injury and apart
from that the petitioner carries one more case other than the
present one but fairly submits on the basis of paragraph 3 of the
bail petition that he is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
there is case and counter case, petitioner is a lady and is in
custody since 16.10.2025, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.88350 of 2025(2) dt.15-01-2026
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satisfaction of the learned Chief Judicial Magistrate, Banka in
connection with Bandhuwa Kurawa P.S. Case No. 62 of 2025,
with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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