Patna High Court

Munni DeviversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The petitioner is entitled to anticipatory bail under Section 2(1)(d) of the BNSS, 2023, subject to the conditions prescribed in Section 482(2).

Summary

Munni Devi, a 42‑year‑old woman, applied for anticipatory bail in a criminal case (PS‑Case No. 249 of 2025) where she was named among six accused for offences under Sections 191(2), 190, 126(2), 115, 109, 74, 352 and 351(2) of the Bihar Penal Code. The FIR alleged that she assaulted the informant’s elder brother with a brick during a dispute over a wall construction between adjacent neighbours. The petitioner’s counsel argued that she is innocent, has a clean record, and that the injury was caused by both parties in a momentary quarrel, emphasizing the existence of a case‑and‑counter‑case. The State opposed bail, contending that the dispute warrants prosecution. The Court, after considering the facts and the provisions of Section 2(1)(d) of the Bihar Negotiable and Settlement of Securitisation Act, 2023 and Section 482(2) of the same Act, granted anticipatory bail subject to a Rs 30,000 bond and other conditions.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 2(1)(d) of the BNSS, 2023.
Whether the existence of a case and counter‑case justifies denial of bail.
Whether the conditions under Section 482(2) of the BNSS, 2023 are satisfied.

Subjects

anticipatory bail
criminal procedure
case and counter‑case
neighbor dispute
Bihar Penal Code
Bihar Negotiable and Settlement of Securitisation Act
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10957 of 2026
                   Arising Out of PS. Case No.-249 Year-2025 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Munni Devi Wife of Pintu Pal Resident of Vill- Kumhaila, P.S- Charpokhri,
                 Dist- Bhojpur
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Alok Kumar, Adv.
                 For the Opposite Party/s :      Mr.Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   12-03-2026                         Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Charpokhri P.S. Case No.249 of 2025 lodged on

                   28.11.2025, for the offences punishable under Sections 191(2),

                   190, 126(2), 115, 109, 74, 352, 351(2) of the BNS.

                                3. As per the prosecution, FIR has been lodged against

                   six named accused persons including the present petitioner with

                   allegation that she has assaulted by brick due to which elder

                   brother of the informant become injured.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that the petitioner is a lady aged about 42 years and

                   for the same date and place of occurrence, there is case and

                   counter-case from both the sides. He further submits that both

                   petitioner and informant are adjacent neighbour and upon
           Patna High Court CR. MISC. No.10957 of 2026(2) dt.12-03-2026
                                                       2/2




                     construction of wall on which window has to be attached, the

                     dispute has arisen between them.

                                  5. Counsel submits that the criminal antecedent of the

                     petitioner is clean and at the spur of moment, the dispute has

                     arisen. He further submits that the injury has been caused from

                     both the sides.

                                  6. Learned APP for the State opposes the prayer for

                     bail of the petitioner and submits that there is case and counter-

                     case between the parties.

                                  7. As such, in the present facts and circumstances of

                     this case, let the above named petitioner be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of C.J.M., Bhojpur in connection with Charpokhri

                     P.S. Case No.249 of 2025, subject to the conditions as laid down

                     U/s 482(2) of the BNSS, 2023.



                                                                 (Dr. Anshuman, J)
Prakashmani/-

U      T

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