Patna High Court
Sabita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, three women from Siwan district, filed an anticipatory bail application fearing arrest in a case (PS Nautan Case No.213/2025) where they are alleged to have participated in a violent assault on an informant and his family using weapons. The prosecution alleged offences under multiple sections of the Bharatiya Nyaya Sanhita, while the petitioners contended that the dispute stemmed from a land conflict between pattidars and that the allegations were vague and they have clean antecedents. The State opposed the bail. The court examined the nature of the accusations, the counter‑case, and the petitioners’ clean record, and held that anticipatory bail was appropriate. It ordered that if arrested within eight weeks, they be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious offences alleged under the Bharatiya Nyaya Sanhita
- Whether the allegations against the petitioners are specific enough to deny bail
- Whether the petitioners’ clean antecedent and the land‑dispute context justify bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- land dispute
- assault
- clean antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12337 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- NAUTAN District- Siwan
======================================================
1. Sabita Devi W/o- Surendra Bhagat Village- Khap Bankat Tiwari Tola , PS-
Nautan , Dist-Siwan
2. Pratibha Devi @ Kumari @ Partibha Kumari W/o- Sonu Kumar Singh
Village- Khap Bankat Tiwari Tola , PS-Nautan , Dist-Siwan
3. Pooja Kumari @ Pooja Devi @ Kumari W/o- Pankaj Kumari Village- Khap
Bankat Tiwari Tola , PS-Nautan , Dist-Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 09.08.2025 at about 3
PM, all the F.I.R. named accused persons, including these
petitioners, assaulted informant and his family members by
means of axe, sword, farsa, iron rod and sticks.
4. Learned counsel for the petitioners submits that
both parties are pattidars and due to land standing land dispute
Patna High Court CR. MISC. No.12337 of 2026(2) dt.24-02-2026
2/2
between the parties, altercation took place in which both sides
inflicted injuries on each other. Case and counter case.
Allegation of assault is general and omnibus and there is no
allegation of any specific overt act against these petitioners.
Present case is counter blast of Nautan P. S. Case No. 211 of
2025. Petitioners are ladies and claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, case and
counter case and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioners in
the event of their arrest/surrender before the court below within
a period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate/concerned Court, Siwan in connection with
Nautan P. S. Case No. 213 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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