Patna High Court
Shail Devi @ Shail KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail, subject to bond and conditions.
Summary
The petitioners, six residents of Asraha village, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 118, 109, 351(2), 352 and 3(5) of the Bihar Penal Code. The FIR alleged that they assaulted an informant, but the petitioners claimed innocence, stating that the specific assault allegation pertained only to a co‑accused and that they have clean antecedents. The State opposed the bail, while the petitioners argued that the allegations were general and omnibus. The court, after considering the submissions and the nature of the allegations, found that the petitioners had made a prima facie case for bail. Accordingly, the court ordered that the petitioners be released on pre‑arrest bail upon surrender, subject to a bail bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the CrPC. The order also directed the District Court to verify any other criminal antecedents, which could nullify the bail order.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioners despite general and omnibus allegations under the listed sections.
- Whether the petitioners' clean antecedents justify bail.
- Whether conditions under Section 482(2) of the Criminal Procedure Code apply to the bail order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- pre‑arrest bail
- Bihar Penal Code
- Criminal Procedure Code
- Section 482
- clean antecedents
- general allegation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89879 of 2025
Arising Out of PS. Case No.-235 Year-2025 Thana- KEWATI District- Darbhanga
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1. Shail Devi @ Shail Kumari Wife of Kapileshwar Sah
2. Meera Devi @ Mira Devi Wife of Ramashish Sah
3. Bharti Devi Wife of Bhola Sah @ Suresh Sah
4. Ashok Sah @ Ashok Kumar Sah Son of Kapileshwar Sah
5. Vikash Kumar @ Vikash Kumar Sah Son of Kapileshwar Sah
6. Manoj Kumar @ Manoj Kumar Sah Son of Kapileshwar Sah
All are Resident of village - Asraha, P.S.- Keoti, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 15-01-2026 Heard Mr. Saurav Anand, learned counsel appearing
on behalf of the petitioners and Mr. Suman Kumari Singh,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Keoti P.S. Case No. 235/2025 registered for the offence(s)
punishable under Sections 126(2), 115(2), 118, 109, 351(2),
352, 3(5) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners assaulted the
informant, causing injuries to him.
Patna High Court CR. MISC. No.89879 of 2025(2) dt.15-01-2026
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4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. There is general and
omnibus allegation against the petitioners and specific
allegation of assaulting the informant on his head by means of
iron rod is against co-accused Ramashish Sah. There is case and
counter case between the parties. Petitioners have clean
antecedents. On these grounds, petitioners seek to be released
on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the allegation
made in the FIR and also the fact that there is general and
omnibus allegation against the petitioners, who are having clean
antecedents, I am of the opinion that petitioners have, prima
facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.89879 of 2025(2) dt.15-01-2026
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amount each to the satisfaction of learned ACJM-IX, Darbhanga
/ Concerned Court in connection with Keoti P.S. Case No.
235/2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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