Patna High Court
VIBHA DEVI @ BIBHA DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted bail to the petitioners subject to conditions prescribed under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Vibha Devi and Shiv Sagar Mahto, were implicated in a FIR alleging assault with deadly weapons under multiple sections of the Bharatiya Nyaya Sanhita and the Arms Act. They claimed innocence, arguing that the case was a cover‑up arising from a private dispute and that the injuries to the informant were minor compared to grievous injuries suffered by their own family members. The State opposed their bail, citing the seriousness of the offences. The High Court, noting the relatively simple injuries to the informant and the lack of prior criminal records, ordered bail subject to conditions under Section 482(2) of the BNSS. The bail order required a bond of Rs.10,000 with two sureties, appearance before the trial court, and prohibitions against tampering with witnesses or committing further offences.
Issues considered
- Whether the petitioners are entitled to bail in a case involving offences under Sections 115(2), 126(2), 118(1), 109, 303(2), 352, 351(2), 3(5) of the BNSS and Section 27 of the Arms Act
- Whether the nature of injuries and the petitioners' lack of antecedents justify granting bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- assault
- injury
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89901 of 2025
Arising Out of PS. Case No.-875 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
1. VIBHA DEVI @ BIBHA DEVI Wife of Shiv Sagar Mahto Resident of
Village - Bhirkhi, Ward No. 23, P.S.- Madhepura, District - Madhepura,
Bihar - 852113.
2. Shiv Sagar Mahto Son of Late Ram Sevak Mahto Resident of Village -
Bhirkhi, Ward No. 23, P.S.- Madhepura, District - Madhepura, Bihar -
852113.
3. Santosh Kumar @ Santosh Mahto Son of Ganesh Mahto Resident of Village
- Sukhasan, Ward No. 05, P.S.- Singheshwar, District - Madhepura, Bihar -
852128.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anurag Saurav
For the Opposite Party/s : Mr. Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Madhepura P.S. Case No.875 of 2025, dated
25.08.2025 registered for the offence punishable under Sections
115(2), 126(2), 118(1), 109, 303(2), 352, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita and Section 27 of Arms Act.
3. As per the FIR, the petitioners along with 8-10
accused persons armed with several deadly weapons went to the
door of the informant and brutally assaulted him.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.89901 of 2025(3) dt.23-02-2026
2/3
the petitioners are innocent and have been falsely implicated in
the present case. He further submits that there is a case and
counter-case between the parties and that the instant case has
been lodged as a cover-up. The injuries alleged to have been
sustained by the informant and others are simple in nature,
whereas the injuries sustained by the family members of the
petitioners and Petitioner No. 2 are grievous in nature, which is
evident from the Annexure-P/4 series appended to the writ
application. Learned counsel for the petitioners, by referring to
the injury reports of the other family members, further submits
that one Ajay Mahto, a relative of the petitioners, also sustained
grievous injuries in the alleged occurrence. Lastly, it is
submitted that the petitioners have no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
6. Taking into account that the injuries sustained by
the informant’s side is simple in nature, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned CJM, Madhepura/
Patna High Court CR. MISC. No.89901 of 2025(3) dt.23-02-2026
3/3
Successor Court in connection with Madhepura P.S. Case
No.875 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/ known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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