Created by Fuzzy Cloud

Patna High Court

Reena DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.