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Patna High CourtCR. MISC./39317/2026bail granted

Munni Devi v. The State Of Bihar

2026-06-17Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39317 of 2026 Arising Out of PS. Case No.-30 Year-2026 Thana- KATORIYA District- Banka ====================================================== 1.

Munni Devi Wife of Pinku Das @ Pinku Kumar Das R/o Village - Tulsiwaran, Police Station - Katoria, District - Banka 2.

Chiranjeevi Kumar @ Chiranjeev Kumar S/o Pinku Das @ Pinku Kumar Das R/o Village - Tulsiwaran, Police Station - Katoria, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Katoria P.S. Case No. 30 of 2026 dated 01.02.2026 registered for the offence punishable under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the B.N.S., 2023.

3. The prosecution case, in short, is that on 31.01.2026, during a dispute relating to drainage water, the accused persons abused the informant, and Chiranjivi Kumar allegedly assaulted her on the head with a spade, causing a bleeding injury.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the

Patna High Court CR. MISC. No.39317 of 2026(2) dt.17-06-2026 2/3 present case. It is next submitted that both the parties are gotiya and thre is a dispute between the parties regarding cleaning the drainage. It is further submitted that though the allegation of assaulting on the head of the Informant is upon Chiranjivi Kumar (petitioner no.2) but, during investigation, it has been found that he was studying in Ambedkar Hostel at the time of occurrence and, thus, was not present at the place of occurrence, while with regard to petitioner no.1, the allegation is general and omnibus in nature. It is next submitted that the injuries are found to be simple in nature and the petitioners have no criminal antecedent.

5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.

6. Having heard learned counsel for the parties and considering that there is no specific allegation of overt act against petitioner no. 1 while the petitioner no. 2 was not present at the place of occurrence, the petitioners bears no criminal antecedents and the injuries sustained by the Informant are found to be simple in nature, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.39317 of 2026(2) dt.17-06-2026 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Katoria P.S. Case No. 30 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:

(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) rishi/- U T