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Patna High Court

Anu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner had established a prima facie case for pre‑arrest bail and ordered his release on bail.

Summary

Anu Devi was implicated in a FIR alleging assault on the mother of an informant during a family property dispute, with charges under several IPC sections including assault, robbery and attempt to murder. The petitioner claimed innocence, asserting the incident arose from a self‑defence reaction to a fierce fight over ancestral property and that the injury to the informant’s mother was simple. The State opposed the pre‑arrest bail application. The court examined the FIR, the familial relationship, and the nature of the alleged injury, and concluded that the petitioner had made out a prima facie case for bail. Accordingly, the court directed that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the relevant procedural law. The order also directed the district court to verify the petitioner’s criminal antecedents, with the bail order to lapse if adverse findings emerge.

Issues considered

  • Whether pre‑arrest bail should be granted in a case involving multiple serious IPC offences.
  • Whether the petitioner’s claim of self‑defence and the simple nature of the injury justify bail.
  • Whether the petitioner’s prior criminal record, if any, affects the grant of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • self‑defence
  • family property dispute
  • IPC offences
  • bail conditions
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1204 of 2026
                      Arising Out of PS. Case No.-932 Year-2022 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Anu Devi, W/o Dhanilal Sah, R/o Village- Belawa Tiwari Tola, P.S-
                 Turkauliya, Dist- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prateek Tandon, Advocate
                 For the Opposite Party/s :       Mr.Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   06-04-2026                         Heard Mr. Prateek Tandon, learned counsel

                   appearing on behalf of the petitioner and Mr. Anil Kumar

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Turkauliya P.S. Case No. 932/2022 registered for the

                   offence(s) punishable under Sections 341, 323, 324, 379, 504,

                   506, 308 and 34 of the IPC.

                                 3. As per the allegation made in the FIR, all the

                   accused persons including the petitioner with an intention to kill

                   assaulted the mother of the informant, causing injury to her.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case. Learned counsel further
Patna High Court CR. MISC. No.1204 of 2026(3) dt.06-04-2026
                                            2/3




          submitted that petitioner and informant are own family members

          and due to partition of ancestral property, an altercation took

          place and both the sides entered into fierce fight and in the self-

          defence, petitioner may have caused some injury on the person

          of the informant’s mother without intention, however, the injury

          sustained by the mother of the informant            is simple in nature.

          On these grounds, the petitioner seeks to be released on pre-

          arrest bail.

                         5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                         6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that petitioner and informant are

          own family members and due to partition of ancestral property,

          an altercation took place and both the sides entered into fierce

          fight and in the self-defence, petitioner may have caused some

          injury on the person of the informant’s mother without intention

          and the injury sustained by the mother of the informant is

          simple in nature, I am of the opinion that petitioner has, prima

          facie, made out a case to be released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender
           Patna High Court CR. MISC. No.1204 of 2026(3) dt.06-04-2026
                                                       3/3




                     before the learned District Court within a period of four weeks

                     from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of learned CJM, Motihari, East Champaran /

                     Concerned Court in connection with Turkauliya P.S. Case No.

                     932/2022 subject to the conditions as laid down under Section

                     482(2) of the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.


                                               (Purnendu Singh, J)

Sanjay/-

U      T


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