Samful Devi @ Samfal Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10836 of 2026 Arising Out of PS. Case No.-161 Year-2025 Thana- PANDARAK District- Patna ====================================================== 1.

Samful Devi @ Samfal Devi, W/o Late Arjun Prasad 2.

Nawal Prasad @ Nawal Yadav, S/o Late Prayag Prasad @ Late Pragas Prasad 3.

Priti Kumari, W/o Subodh Kumar All are R/o village - Lemuabad, P.S.- Pandarak, Distt.- Patna ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Pandarak P.S. Case No.161 of 2025 registered under Sections 126(2), 115(2), 117(2), 329(3) and 109(1) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'BNS').

3. Allegation against petitioners is to assault the informant along with other co-accused persons causing head and bodily injuries, which was made with intention to cause his death.

4. It is submitted by learned counsel appearing for

Patna High Court CR. MISC. No.10836 of 2026(2) dt.24-02-2026 2/3 petitioners that occurrence took place due to neighbourhood disputes and differences arising out of common passage. It is submitted that the thrust of allegation as to cause grievous injury is available against co-accused Subodh Kumar, who is not petitioner for the present. It is submitted that as far allegation against petitioner nos. 1 and 3 are concerned, they alleged only to slap the informant during occurrence and further the petitioner no.2 alleged to drag the informant during occurrence after putting rope around his neck. It is submitted that out of alleged assault and act of petitioners, informant received simple injuries, which prima facie negates intention to cause his death. The petitioners claimed clean antecedent.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as the thrust of allegation qua causing grievous injury is specifically available against co-accused Subodh, whereas injuries alleged to be caused by petitioners are simple in nature, accordingly, all three petitioners, abovenamed, who are men of clean antecedent, in the event of

Patna High Court CR. MISC. No.10836 of 2026(2) dt.24-02-2026 3/3 their arrest or surrender in the court below within a period of four weeks, are directed to be released on bail on 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 A.C.J.M.-1st, Barh, Patna in connection with Pandarak P.S. Case No.161 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T