Patna High Court
CR. MISC./58761/2026 of Gyanti Devi Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58761 of 2026 Arising Out of PS. Case No.-59 Year-2026 Thana- MAJHAULIA District- West Champaran ====================================================== 1. Gyanti Devi W/o- Late Jawahir Mahto Resident of Village and Post- Jaukatiya, P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58761 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- MAJHAULIA District- West Champaran
======================================================
1.
Gyanti Devi W/o- Late Jawahir Mahto Resident of Village and Post- Jaukatiya, P.S.- Majhauliya, District- Bettiah (West Champaran), Bihar.
2.
Shanti Devi Wife of Ashok Mahto Resident of Village and Post- Jaukatiya, P.S.- Majhauliya, District- Bettiah (West Champaran), Bihar.
3.
Suganti Devi @ Sangeeta Devi Wife of Bikau Mahto Resident of Village and Post- Jaukatiya, P.S.- Majhauliya, District- Bettiah (West Champaran), Bihar.
4.
Usha Devi Wife of Santosh Mahto Resident of Village and Post- Jaukatiya, P.S.- Majhauliya, District- Bettiah (West Champaran), Bihar.
5.
Kundan Kumar Son of Ashok Mahto Resident of Village and Post- Jaukatiya, P.S.- Majhauliya, District- Bettiah (West Champaran), Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Abhay Kumar Upadhyay, Adv.
For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
19-08-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Majhaulia P.S. Case No. 59 of 2026, registered for the offences punishable under Sections 115(2), 118(1), 303(2), 109, 333, 308(5), 76, 351(2), 352 and 3(5) of the B.N.S.
3. The allegation against the petitioners is of causing assault to the informant and her husband; besides snatching of valuables.
Patna High Court CR. MISC. No.58761 of 2026(2) dt.19-08-2026
4. Learned Advocate for the petitioners primarily contended that the present FIR has arisen on account of a complaint filed by the informant, which was later on sent to the concerned police station, and accordingly, such FIR has been lodged. However, on a bare perusal of the same, it is evident that with respect to an occurrence which took place on 27.04.2025, the present complaint case came to be instituted on 22.12.2025. He further argued that the instant case is nothing but a counterblast to Majhaulia P.S. Case No. 298 of 2025, instituted against the husband of the informant on 21.05.2025, wherein when the police has submitted a charge-sheet, the informant and others, in order to put pressure, get instituted the complaint case. The entire prosecution case falls to the ground for the simple reason that besides omnibus nature of allegation, the injuries have also been found to be simple. Moreover, the petitioners are persons of fair antecedent, and they undertake that they will fully co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioners have actively participated in the crime.
6. Regard being had to the submissions made on behalf of the parties and considering the inordinate delay in Patna High Court CR. MISC. No.58761 of 2026(2) dt.19-08-2026
lodging of the FIR, coupled with the simple nature of injuries, besides the statement of the petitioners that the present case is nothing but a counterblast, as also the fair antecedents, let the petitioners above named 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 learned C.J.M., Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 59 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.
shivank/- (Harish Kumar, J) U T