Patna High Court
Shravan SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to petitioners Bahuri Devi and Nirmala Devi subject to bail bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Shravan Sahani, Bahuri Devi and Nirmala Devi, filed an anticipatory bail application in a case registered under several sections of the Bharatiya Nyaya Sanhita and the Arms Act, alleging false implication in a land dispute. Shravan Sahani withdrew his application, which the court permitted, resulting in its dismissal. The remaining petitioners, two women with clean antecedents, argued that the FIR does not specifically allege any wrongdoing against them and that the allegations are aimed at coercing the male family members. The State opposed the grant of anticipatory bail. Considering the submissions, the court granted anticipatory bail to Bahuri Devi and Nirmala Devi, subject to a bail bond of Rs.10,000 and two sureties, and conditioned on compliance with Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to petitioners Bahuri Devi and Nirmala Devi under the Bharatiya Nyaya Sanhita.
- Whether the petitioners are specifically implicated in the offences alleged in the FIR.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 118(2), 126(2), 351(2), 352, 482(2), 61(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- land dispute
- women
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12660 of 2026
Arising Out of PS. Case No.-485 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
1. Shravan Sahani S/o- Late Bahadur Sahani Resident of village- Silaut PS-
Samastipur Muffasil District- Samastipur
2. Bahuri Devi W/o- Shravan Sahani Resident of village- Silaut PS-
Samastipur Muffasil District- Samastipur
3. Nirmala Devi W/o- Ashok Sahani Resident of village- Silaut PS- Samastipur
Muffasil District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Shanker Singh, Adv
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
Mr. Sandeep Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-03-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel appearing on behalf of
the informant.
2. Learned counsel for the petitioners, after some
arguments, seeks permission to withdraw the anticipatory bail
application with respect to petitioner no. 1, Shravan Sahani.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
dismissed as withdrawn with respect to petitioner no. 1, Shravan
Sahani.
5. The petitioner Nos. 2 and 3 apprehend their arrest
Patna High Court CR. MISC. No.12660 of 2026(2) dt.23-03-2026
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in a case registered for the offences punishable under Sections
126(2), 118(2), 109(1), 352, 351(2) and 61(2) of the Bharatiya
Nyaya Sanhita and Section 27 of Arms Act.
6. Learned counsel for the petitioners submits that the
petitioner nos. 2 and 3 are persons with clean antecedent and are
women and the informant alleges that he along with his uncle
had given their land on batai to Sharvan for three years and
thereafter wanted to do agriculture on their own, on which a
dispute arose and accused persons came on the land and on
orders of Sharvan, Bhola fired causing injury on his stomach,
thereafter Pankaj fired causing injury to Ajay and even
Himanshu, his villager, also got injured in the firing.
7. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that on
orders of Sharvan, Bhol and Pankaj are alleged to have fired
causing fire-arm injury to informant, Ajay and one Himanshu. It
is further submitted that as far as petitioners are concerned, no
specific allegation is alleged against them. It is also submitted
that petitioners have been implicated in the instant case only
with a view to coerce male members into submission.
Patna High Court CR. MISC. No.12660 of 2026(2) dt.23-03-2026
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8. Learned A.P.P. for the State as well as learned
counsel appearing on behalf of the informant opposes the prayer
for anticipatory bail of the petitioners.
9. Considering the submissions made by the learned
counsel for the petitioners, the petitioner nos. 2 and 3 above-
named, in the event of their arrest or surrender within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned trial court where the case is pending/successor
court in connection with Samastipur Muffasil P.S. Case No. 485
of 2025, subject to the conditions as laid down under Section
482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
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