Mina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39893 of 2025 Arising Out of PS. Case No.-88 Year-2014 Thana- MEHANDIGANJ District- Patna ====================================================== 1.
Mina Devi, W/O Late Suresh Sahni, Resident of Village-Daldaliganj, PSMehandiganj, District- Patna 2.
Gautam Sahni S/O Late Suresh Sahni, Resident of Village-Daldaliganj, PSMehandiganj, District- Patna 3.
Dasrath Sahni @ Dashrath Kewat S/O Late Suresh Sahni Resident of Village-Daldaliganj, PS- Mehandiganj, District- Patna 4.
Chote Sahni @ Chote Kewat S/O Girdhari @ Girdhari Sahni Resident of Village-Daldaliganj, PS- Mehandiganj, District- Patna ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Saurav Anand, Advocate For the State :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 09-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Mehandiganj PS. Case No-88 of 2014, Dated-16.12.2014, registered for the offences punishable under Sections 147, 148, 149, 448, 341, 323, 307, 379 and 504 of the Indian Penal Code.
3. As per allegation, the informant was assaulted by the accused persons including the petitioner by iron rod, hockey stick, lathi and bricks.
4. Learned counsel for the petitioners submit that the
Patna High Court CR. MISC. No.39893 of 2025(3) dt.09-07-2025 2/3 Petitioners are innocent and have falsely been implicated in this case. He further submits that the informant and the accused side are family members and on account of family dispute some altercation took place, on account of which, the petitioner side has already lodged Mehandiganj P.S. Case No. 24 of 2014 against the informant and her son for the offences punishable under Section 341, 323 , 325 and 307 of the Indian Penal Code and as a counterblast, the present false case has been filed by the informant. He also submits that as per the injury report, there is no specific injury mentioned in the prescription, and hence, no offence under Section 307 IPC is made out.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner nos. 1 & 4 have no criminal antecedent whereas the petitioner nos-2 & 3 have been made accused in one other case.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named,
Patna High Court CR. MISC. No.39893 of 2025(3) dt.09-07-2025 3/3 to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Mehandiganj PS. Case No-88 of 2014, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) Chandan/- U