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Patna High Court

Pano DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The Court granted pre‑arrest bail to petitioners 1‑5 but denied it to petitioner 6, ordering his custody.

Summary

The petitioners, five women and one man from Belouri village, applied for pre‑arrest bail in a case (Purnea Muffasil PS Case No. 250 of 2025) alleging assault and grievous injury under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the B.N.S. The FIR alleges that the petitioners entered the informant's house, abused and assaulted her family, leading to serious injury and death. The petitioners contend they were falsely implicated in a land‑dispute‑related quarrel, that the FIR contains vague, omnibus allegations, and that the death was due to chronic disease, not assault. The State opposed bail. The Court observed that specific assault allegations were made only against two other accused and petitioner No. 6 (Vikash Rishi), and therefore denied bail to him, ordering his custody. The Court granted pre‑arrest bail to petitioners No. 1‑5 subject to a Rs 10,000 bond, two sureties, and verification of their criminal antecedents under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the FIR alleging assault and grievous injury.
  • Whether the allegations in the FIR are specific enough to justify denial of bail.
  • Whether Section 482(2) of the BNSS permits the grant of pre‑arrest bail in this circumstance.

Subjects

  • pre‑arrest bail
  • omnibus allegation
  • land dispute
  • assault
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.91275 of 2025
                  Arising Out of PS. Case No.-250 Year-2025 Thana- MUFFASIL PURNIA District- Purnia
                 ======================================================
           1.     Pano Devi(F), age about 40 years, Wife of Prakash Rishi
           2.    Guddi Devi(F), age about 24 years, Wife of Manoj Rishi
           3.    Jyoti Devi(F), age about 20 years, wife of Anish Rishi
           4.    Manish Rishi(M), age about 22 years, Son of Prakash Rishi
           5.    Sumit Rishi(M), age about 18 years, Son of Prakash Rishi
           6.    Vikash Rishi(M), age about 22 years son of Vijay Rishi
                 All Resident of village - Belouri, Sri Ram Tola, Ward no. 42, P.S - Mufasil,
                 P.O - Purnea, District - Purnea

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ashok Kr. Jha, Advocate
                                                 Mr. Saurav Anand, Advocate
                 For the Informant       :       Mr. Sumit Kumar Bhagat, Advocate
                                                 Mrs. Suman Kumari, Advocate
                 For the State           :       Mrs. Sangeeta Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   19-03-2026                       Heard Mr. Ashok Kr. Jha along with Mr. Saurav

                   Anand, learned counsel appearing on behalf of the petitioners;

                   Mr. Sumit Kumar Bhagat, learned counsel appearing on behalf

                   of the informant and Mrs. Sangeeta Sharma, learned APP for the

                   State.

                                  2. The petitioners seek pre-arrest bail in connection

                   with Purnea Muffasil P.S. Case No. 250 of 2025, registered for

                   the offence punishable under Sections 126(2), 115(2), 109(1),

                   352, and 3(5) of the B.N.S.
Patna High Court CR. MISC. No.91275 of 2025(3) dt.19-03-2026
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                       3. As per the allegation made in the FIR, all the

          accused persons named therein including the petitioners had

          entered into the house of the informant and had started abusing

          them and assaulted the informant and her family members, due

          to which, husband and son of the informant sustained grievous

          injury.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and they have

          falsely been implicated in the present case. The parties are co-

          villagers and the case arises out of a pre-existing land dispute

          regarding a common pathway. The FIR contains only omnibus

          and vague allegations without attributing any specific overt act

          to the petitioners. No such occurrence as alleged ever took

          place, and the allegations are false and concocted. There was a

          minor verbal altercation during Chhath Puja over obstruction of

          the pathway. He further submitted that no act of assault or

          criminal conduct, as alleged, was ever committed by the

          petitioners. The husband of the informant was suffering from a

          chronic illness and did not die due to any alleged assault. The

          post-mortem report also confirms death due to cardio-

          respiratory arrest caused by chronic liver disease. No injury

          corresponding to the alleged occurrence has been found on the
Patna High Court CR. MISC. No.91275 of 2025(3) dt.19-03-2026
                                            3/4




          body of the deceased. The FIR has been lodged with mala fide

          intention to harass the petitioners and gain advantage in the civil

          dispute. Petitioners have clean antecedent. On these grounds,

          petitioners seek to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the FIR and the case

          diary, it appears that the specific allegation of assault is against

          one Manoranjan Jha, Manjeet Rishi, who are not before this

          Court and Vikash Rishi, who is petitioner no. 6. I am not

          inclined to enlarge the petitioner no. 6 (Vikash Rishi) on pre-

          arrest bail.

                       7. Investigating Officer is directed to take the

          petitioner no. 6 (Vikash Rishi) into custody forthwith.

                       8. So far as petitioners no. 1 to 5 are concerned, I find

          that general and omnibus allegation has been levelled against

          them and considering that there is every likelihood of these

          petitioner to be acquitted in course of trial, the petitioners no. 1

          to 5, above named, are directed to be released on pre-arrest bail,

          in the event of their arrest or surrender before the learned

          District Court within a period of four weeks from today, on
              Patna High Court CR. MISC. No.91275 of 2025(3) dt.19-03-2026
                                                          4/4




                        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 District Court where the case is pending, in

                        connection with Purnea Muffasil P.S. Case No. 250 of 2025,

                        subject to the condition as laid down under Section 482(2) of

                        the BNSS.

                                     9. The learned District Court is directed to verify

                        the criminal antecedent of the petitioners no. 1 to 5 as stated

                        in paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioners no. 1 to 5 as what has been

                        stated in paragraph no. 3, this order will lose its force

                        automatically.

                                     10. Accordingly, the present bail application stands

                        disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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