Geeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16507 of 2026 Arising Out of PS. Case No.-317 Year-2025 Thana- PIPRA District- East Champaran ====================================================== 1.
Geeta Devi W/o Mukhlal Bhagat R/o Village- Bishunpura/Vishunpura, P.S.- Pipra, District- East Champaran 2.
Manjeet Kumar S/o Mukhlal Bhagat R/o Village- Bishunpura/Vishunpura, P.S.- Pipra, District- East Champaran 3.
Mukhlal Bhagat S/o Late Panchu Bhagat R/o VillageBishunpura/Vishunpura, P.S.- Pipra, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh, Adv.
For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-06-2026 Heard Mr. Krishna Kant Singh, learned Advocate for the petitioners and Dr. Indiwar Kumari, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Pipra P.S. Case No. 317 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109(1), 329(4), 351(2), 352 and 3(5) of the BNS.
3. Allegedly on the given date and time of occurrence, while the informant was at his home, in the meanwhile, all the three petitioners entered into his house and started abusing the informant and his family members. When the same was
2/4 objected by the grand mother the informant, the accused persons, who were carrying lathi and iron rod brutally assaulted her. It is specifically alleged that petitioner no. 2 has blown over an iron rod at the grand mother of the informant due to which she has sustained injury over her leg and hand. 4.Learned Advocate for the petitioners submitted that the present case is nothing but an offshoot of Pipra P.S. Case No. 357 of 2024 which was registered against the father of the informant and other family with regard to an incidence of kidnapping of the son of petitioner nos. 1 and 3, who was later on done to death.
It is further submitted that even if the allegation is taken to be true for the sake of argument, the injury which is allegedly sustained to the grand mother of the informant is concerned, the same is a non-vital part and as such there was no intention to kill the injured, hence Section 109 of the BNS 2023 would not be applicable in the case in hand. It is next contended that there is counter version of the present case being Pipra P.S. Case No. 318 of 2025 instituted by the petitioner no. 3 against the informant and others. In the said incident the petitioners and others have also sustained injury.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that
3/4 there is specific accusation of assault levelled against petitioner no. 2 who brutally assaulted the grand mother of the informant by means of iron rod due to which she sustained severe injury. The petitioner no. 3 also bears two criminal antecedent as has been disclosed in para-3 of the bail application.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the factum of case and counter case, coupled with the long standing enmity between the parties, besides the injury report which clearly suggests swelling with deformity seen over left leg and swelling over left wrist, which are not on vital parts of the body, as also the genesis of occurrence and the fact that the petitioner nos. 1 and 2 are carrying fair antecedent, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate/court concerned/successor court, East Champaran at Motihari in connection with Pipra P.S. Case No. 317 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
4/4 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) Anjani/- U T