Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39995 of 2026 Arising Out of PS. Case No.-319 Year-2025 Thana- BELHAR District- Banka ====================================================== 1.

Punam Devi W/O Mithilesh Rajak R/O Village-Barhoniya, PS-Belhar, DisttBanka 2.

Shrawan Rajak @ Shrawan Kumar S/O Mithilesh Rajak R/O VillageBarhoniya, PS-Belhar, Distt- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Saurabh For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-07-2026 Heard the learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend arrest in connection with Belhar P.S. Case No. 319 of 2025 registered for offences under Sections 126(2), 115(2), 351(2), 74, 352, 303(2), 117(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and later on Section 109(1) of the Bharatiya Nyaya Sanhita, 2023 was added.

3. As per the prosecution case, the petitioners along with others are accused of assaulting the victim.

4. Learned counsel for the petitioners submits that the petitioners are quite innocent and have not committed any offence. It is further submitted that the petitioners have no

Patna High Court CR. MISC. No.39995 of 2026(2) dt.07-07-2026 2/3 criminal antecedents.

5. Learned APP for the State has vehemently opposed 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 both the injured persons sustained grievous injury on the vital part of the body.

7. Considering the fact that the petitioner no.1 is a woman, her prayer for anticipatory bail is hereby allowed.

8. Accordingly, let the petitioner no. 1, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Belhar P.S. Case No. 319 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

9. So far as the petitioner no. 2 is concerned, there is specific allegation against him and therefore, considering the gravity of the offence and the nature of allegations, this Court is not inclined to grant anticipatory bail to the petitioner no. 2.

10. Accordingly, the prayer of the petitioner no. 2 for

Patna High Court CR. MISC. No.39995 of 2026(2) dt.07-07-2026 3/3 grant of anticipatory bail is hereby rejected.

11. The application stands partly allowed.

12. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T