Patna High Court
Chandni Devi @ Chandani KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions imposed.
Summary
The petitioners, two women from Howdih village, sought anticipatory bail after an FIR (Nasriganj PS case 288/2025) alleged that one attacked an informant’s husband with a sharp iron weapon and the other supplied a pistol to her husband who fired two rounds. The FIR listed offences under the Bharatiya Nyaya Sanhita, 2023 (sections 126(2), 115(2), 303(2), 76, 109, 3(5)) and section 27 of the Arms Act. The petitioners argued that the matter stemmed from a land dispute, that a counter‑case (case 289/2025) existed, and that they had clean antecedents. The State opposed bail, citing the seriousness of the allegations and the existence of a case‑and‑counter‑case. The Court, after considering the submissions, granted anticipatory bail subject to a Rs 30,000 bond per petitioner and conditions under sections 2(1)(d) and 482(2) of the B.N.S.S., including appearance requirements and verification of criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences and the existence of a case and counter‑case
- Whether the conditions imposed under the Bharatiya Nyaya Sanhita, 2023 are sufficient to safeguard the trial process
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 2(1)(d), 303(2), 3(5), 482(2), 76
Subjects
- anticipatory bail
- land dispute
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- case and counter case
- women accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10542 of 2026
Arising Out of PS. Case No.-288 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
1. Chandni Devi @ Chandani Kumari W/o Amit Pandey R/o Village - Howdih,
P.S - Nasriganj, District - Rohtas
2. Parmita Devi W/o Sanjay Pandey R/o Village - Howdih, P.S - Nasriganj,
District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Nasriganj P.S. Case No. 288 of 2025 lodged on
13.08.2025, for the offence punishable under Section 126(2),
115(2), 303(2), 76, 109 & 3(5) of the Bharatiya Nyaya Sanhita,
2023 and section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the present petitioners. It
has been alleged in the FIR that the petitioner no.2 has attacked
the informant’s husband by a sharp iron weapon due to which he
injured. It has also been alleged in the FIR that the petitioner
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no.1 handed over pistol to her husband who has made two round
firing.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that both the petitioners are lady and petitioner
no.2 is aged about 60 years. He further submits that both the
parties are resident of same village and from the content of the
FIR, it become crystal clear that the land dispute was going on
between them. Counsel submits that the petitioners and the
informant are agnates and for the same date and place of
occurrence, there are case and counter case i.e. one case has
been lodged from the petitioners’ side bearing Nasriganj P.S.
Case No. 289 of 2025 and the present case has been lodged
from the informant’s side bearing Nasriganj P.S. Case No. 288
of 2025. Counsel further submits that the petitioners have clean
antecedent and they are ready to fulfill all the conditions
whatsoever shall be imposed upon them.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that from the record, it
transpires that there are case and counter case, both parties are
resident of the same village and land dispute has been
acknowledged in the FIR.
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6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of S.D.J.M., Bikramganj, Rohtas, in connection with
Nasriganj P.S. Case No. 288 of 2025, subject to the conditions
as laid down U/s 482(2) of the B.N.S.S., 2023 with further
conditions:-
(i) one of the bailor should be the family member of
the petitioners who shall provide official document to show his
bona fide;
(ii) the petitioners shall appear before the Trial Court
on each and every scheduled date, and failure to do so for two
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of their bail bonds by the Trial
Court itself;
7. It is further directed that the Trial Court shall verify
the criminal antecedent(s) of the petitioners, and in case, it is
found at any stage that the petitioners have concealed the fact
about their criminal antecedent(s), the Trial Court shall take
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steps for cancellation of bail bond of the petitioners. However,
the acceptance of the bail bonds in terms of the above-
mentioned order shall not be delayed for the purpose of or in the
name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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