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2026 DAILYLAW 30231 (PAT)

Rupali Kumari @ Rupali Kumar v. The State of Bihar

CR. MISC./2766/2026 · 2026-02-04

Harish Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2766 of 2026 Arising Out of PS. Case No.-403 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1. Rupali Kumari @ Rupali Kumar Daughter of Vinod Sah Resident of Village Kritpura (Bangra), P.S.- Baikunthpur, District - Gopalganj (Bihar). 2. Deepak Sah @ Deepak Kumar Son of Vinod Sah Resident of Village Kritpura (Bangra), P.S.- Baikunthpur, District - Gopalganj (Bihar). 3. Munni Devi Wife of Vinod Sah Resident of Village Kritpura (Bangra), P.S.- Baikunthpur, District - Gopalganj (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prasoon Shekhar, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 04-02-2026 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Baikunthpur P.S. Case No. 403 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita. 3. Allegedly the accused persons were found engaged in borewell drilling of hand pump in the field of the informant and when the same was objected, all the accused persons brutally Patna High Court CR. MISC. No.2766 of 2026(2) dt.04-02-2026 2/3 assaulted. It is specifically alleged that petitioner no. 2 and 3 has assaulted the informant by means of farsha, due to which she sustained serious injury. There is further allegation against other accused persons of causing assault by means of lathi and danda. 4. Learned Advocate appearing on behalf of the petitioners submitted that from the FIR it is evident that the genesis of the occurrence is a land dispute which led to some scuffle and unfortunate injuries to the informant. However the injuries which are allegedly sustained to the informant are concerned, the same have been found to be simple in nature, as is evident from the impugned order. The petitioner nos. 1 and 3 are women whereas petitioner no. 2 is suffering from liver disease. Moreover, the petitioners are persons of fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State vehemently 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 genesis of the occurrence, coupled with the simple nature of injury, as well as fair antecedent of the petitioners, let the petitioners above Patna High Court CR. MISC. No.2766 of 2026(2) dt.04-02-2026 3/3 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) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj in connection with Baikunthpur P.S. Case No. 403 of 2025, 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 petitioner. supratim/- (Harish Kumar, J) U T