Patna High Court
Rukminiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners with stipulated conditions.
Summary
The petitioners, Rukminiya Devi, Shree Kant Ram and Parvati Devi, sought anticipatory bail in connection with a FIR (Barun P.S. Case No. 363 of 2025) alleging offences under sections 126(2), 115(2), 352, 351(2), 109 and 3(5) of the BNS arising from a land‑dispute‑related assault. The prosecution alleged that the accused, armed, assaulted members of the informant’s side, causing injuries, while the petitioners contended that the allegations were omnibus, the injuries were minor, and they had no criminal antecedent. The learned counsel highlighted that one petitioner was willing to contribute Rs.10,000 towards medical assistance for the injured. The Court examined the nature of the allegations, the simplicity of the injuries, and the absence of prior criminal records, and found no reason to deny bail. Consequently, the Court granted anticipatory bail subject to a cash bond of Rs.10,000 per petitioner, two sureties, and specific conditions regarding appearance, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted despite omnibus allegations of assault under multiple sections of the BNS
- Whether the nature of injuries and lack of criminal antecedent justify bail
- Whether the conditions imposed by the Court are appropriate to safeguard the trial process
Legislation cited
- BNS — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- omnibus allegation
- land dispute
- simple injuries
- bail conditions
- criminal antecedent
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90575 of 2025
Arising Out of PS. Case No.-363 Year-2025 Thana- BARUN District- Aurangabad
======================================================
1. Rukminiya Devi W/O Ramanand Ram R/O Village- Chandra Bigha, P.S-
Barun, Distt.- Aurangabad, Bihar.
2. Shree Kant Ram @ Gaya Ram S/O Ramanand Ram R/O Village- Chandra
Bigha, P.S- Barun, Distt.- Aurangabad, Bihar.
3. Parvati Devi W/O Shree Kant Ram @ Gaya Ram R/O Village- Chandra
Bigha, P.S- Barun, Distt.- Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard Mr. Shailesh Kumar Singh, learned counsel for
the petitioners and the State.
2. The petitioners are apprehending their arrest in
connection with Barun P.S. Case No. 363 of 2025 for the
offence under sections 126(2), 115(2), 352, 351(2), 109 and 3(5)
of the BNS lodged on 23.07.2025 by the informant, Anita Devi.
3. As per the prosecution story, the informant alleged
that due to land dispute, the named accused persons armed
variously, assaulted causing injuries to Nanku Ram, Munni Ram
and Birendra Ram. This led to the FIR.
4. Learned counsel for the petitioners submit that
Patna High Court CR. MISC. No.90575 of 2025(2) dt.15-01-2026
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omnibus allegation is there against all the accused persons and
the ladies have also been implicated in a zeal to implicate
everyone from the family. The medical reports that have come
shows the injuries to be simple in nature, even the injury no. 1
of Nanku Ram, the report dated 23.07.2025 do not show any
abnormality. The last submission is that without accepting the
allegation and/or the outcome of the present petition in view of
the fact that the informant’s side has alleged injuries, the
petitioner no. 2 (Shree Kant Ram) on its own would like to
contribute Rs. 10,000/- towards the medical assistance of the
injured through Demand Draft issued by the local State Bank of
India/any Nationalized Bank branch to be submitted before the
‘NAZARAT’ of concerned Court to be handed over to the
informant after checking the credentials.
5. Let the report dated 13.07.2025 be kept on record.
6. Learned APP opposes the prayer submitting that
though omnibus allegation is there, all of them assaulted the
informant side.
7. Allegations are there, same are omnibus in nature,
two of the petitioners are ladies, injuries have been found to be
simple in nature and the petitioners do not have any criminal
antecedent, in that background, this Court is inclined to extend
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them the privilege of anticipatory bail with conditions subject to
payment of Rs. 10,000/- by the petitioner no. 2 (Shree Kant
Ram) as undertaken by the learned counsel for the petitioners to
be paid by Demand Draft of local State Bank of India
branch/any Nationalized bank branch to be submitted to the
Trial Court and to be handed over to the informant after
checking the credentials.
8. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Aurangabad,
Bihar in connection with Barun P.S. Case No. 363 of 2025
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Voter I.D. Card/Driving License/Pan
Card) to show his/her bona fide;
(ii) the petitioners 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 their
bail bond by the Trial Court itself;
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(iii) the petitioners 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 petitioners 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.
(Rajiv Roy, J)
Adnan/-
U
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