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Patna High Court

Nilu KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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