Patna High Court
Nutan DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for anticipatory bail.
Summary
Nutan Devi and Ripul Kumar applied for anticipatory bail fearing arrest in a case (Surajgarha P.S. Case No. 234 of 2025) alleging offences under Sections 126(2), 115(2), 109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners assaulted the victim with a knife, while the petitioners claimed innocence and asserted a case‑and‑counter‑case. The court examined the injury report, which indicated that the victim’s injuries were caused by a hard, blunt object rather than a knife. Considering this discrepancy and the lack of convincing evidence, the court granted anticipatory bail. The bail was conditioned on furnishing a bond of Rs.10,000 with two sureties and compliance with the conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the allegations and evidence.
- Whether the injury report undermines the prosecution’s claim of a knife assault sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- injury report
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91060 of 2025
Arising Out of PS. Case No.-234 Year-2025 Thana- SURYAGARHA District- Lakhisarai
======================================================
1. Nutan Devi Wife of Ripul Kumar Resident of Village- Rampur, P.S.-
Surajgarha, District- Lakhisarai
2. Ripul Kumar Son of Rambalak Singh Resident of Village- Rampur, P.S.-
Surajgarha, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar
For the Opposite Party/s : Mr. Amitesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 18-03-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Surajgarha P.S. Case No. 234 of 2025 registered for offences
under Sections 126(2), 115(2), 109(1), 303(2), 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are said
to have assaulted the victim with a knife.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that there is a case and counter case.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.91060 of 2025(4) dt.18-03-2026
2/2
the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the perusal of
the Injury Report, it appears that the injuries sustained by the
victim were caused by a hard and blunt substance.
7. Considering the aforesaid facts and circumstances,
this application for anticipatory bail is allowed.
8. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor court in
connection with Surajgarha @ Suryagarha P.S. Case No. 234 of
2025 subject to the conditions as laid down under Section
482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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