Patna High Court
Nilu KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Given the simple nature of injuries, the existence of a case and counter case, and the petitioners’ clean antecedent, the court granted anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, Nilu Kumari and Sujeet Kumar Rai, were implicated in a land‑dispute case alleging assault with lathi, danda and iron rod, resulting in simple head injuries to the informant, theft of a gold chain, and an alleged attempt to outrage the informant’s wife’s modesty. They sought anticipatory bail, contending that both parties are agnates, there exists a case‑and‑counter‑case, and they have a clean antecedent. The State opposed the bail, citing the multiple offences under the Bhartiya Nagrik Suraksha Sanhita (BNS). The court observed that the injuries were minor, the dispute was between family members, and the petitioners had no prior record. Accordingly, the court granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482 of the BNS. The order directs that the bail be effected within eight weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under Sections 126(2), 115(2), 76, 303(2), 109, 352, 351(2) and 3(5) of the Bhartiya Nagrik Suraksha Sanhita.
- Whether the simple nature of injuries and the existence of a case‑and‑counter‑case justify the grant of anticipatory bail.
- Whether the petitioners’ clean antecedent record influences the decision on bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482, 76
Subjects
- anticipatory bail
- land dispute
- assault
- theft
- attempt to outrage modesty
- simple injuries
- case and counter case
- clean antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90438 of 2025
Arising Out of PS. Case No.-970 Year-2025 Thana- MAHUA District- Vaishali
======================================================
1. Nilu Kumari, wife of Sujeet Kumar Rai @ Sujeet Kumar, R/O Village-
Manpura, P.S.- Mahua, District- Vaishali
2. Sujeet Kumar Rai @ Sujeet Kumar, son of Shivshankar Rai, R/O Village-
Manpura, P.S.- Mahua, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 76,
303(2), 109, 352, 351(2), 3(5) of the BNS.
3. As per prosecution case, it is alleged that due to
land dispute these petitioners assaulted the informant and his
wife with lathi, danda and iron rod resulting head injurie to
the informant. It is further alleged that accused petitioner no. 2
snatched gold chain and jitiya from the informant’s wife and
tried to outrage her modesty.
4. Learned counsel for the petitioners submits that
both the parties are agnates and there is case and counter case
between the parties. Petitioners are family members and there
is general and omnibus allegation against both the petitioners.
The allegation of snatching chain from the neck of the
Patna High Court CR. MISC. No.90438 of 2025(2) dt.19-01-2026
2/2
informant is ornamental in nature. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State and learned counsel
for the informant opposed the bail petition.
6. Considering the facts and circumstance of the case
that the injuries are simple in nature and there is case and
counter case between the parties, the prayer for anticipatory
bail of petitioners is allowed. Let the above named petitioners,
in the event of their arrest/surrender within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bonds
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Vaishali at Hajipur, in connection with Mahua P.S.
Case No. 970 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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