Patna High Court

Tunni Devi @ Tuni DeviversusThe State of Bihar

Decided: 22 January 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court held that anticipatory bail should be granted to the petitioners subject to conditions under Section 482(2) of the BNSS.

Summary

Petitioners Tunni Devi and Lakshman Mahto, aunt and uncle of an informant, filed an anticipatory bail application fearing arrest in a case (PS Sheikhpura Case No. 276 of 2025) involving multiple offences under the Bihar Negotiable Sale Act, 2023. They claim to have clean antecedents and assert that the informant falsely implicated them due to a property dispute, alleging only a simple injury caused by petitioner No.2. The State opposed the bail. The court considered the submissions, the nature of the alleged offences, and the provisions of Section 482(2) of the BNSS, and ordered that if arrested within six weeks, the petitioners be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties each. The anticipatory bail application was therefore allowed.

Issues considered

Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bihar Negotiable Sale Act, 2023 in view of the alleged offences.
Whether the allegations of false implication and property dispute justify granting bail.

Subjects

anticipatory bail
false implication
property dispute
Section 482(2)
Bihar Negotiable Sale Act
criminal offences
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1394 of 2026
                   Arising Out of PS. Case No.-276 Year-2025 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
           1.     Tunni Devi @ Tuni Devi W/o Lakshman Mahto Resident of Village- Eksari,
                  P.O.- Maninda, P.S.- Sheikhpura, District- Sheikhpura
           2.     Lakshman Mahto S/o Punna Mahto Resident of Village- Eksari, P.O.-
                  Maninda, P.S.- Sheikhpura, District- Sheikhpura
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Roop Kishan, Advocate
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 74, 109, 303(2), 352, 351(2) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioner no.

                   1 is a woman and petitioner no. 2 is alleged to have assaulted

                   the informant by rod causing injury on head.

                                4. Learned counsel for the petitioners submits that

                   petitioners have been falsely implicated in the instant case by

                   the informant, it is next submitted that petitioners are aunt and

                   uncle of the informant and are having dispute relating to

                   property. It is further submitted that no doubt it is alleged that
            Patna High Court CR. MISC. No.1394 of 2026(2) dt.22-01-2026
                                                        2/2




                      petitioner no. 2 assaulted the informant by rod causing injury on

                      head, but then blow was not repeated and the injury has been

                      opined to be simple in nature and petitioners are not criminals.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioners.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioners, the petitioners above-named, in the

                      event of their arrest or surrender before the learned trial court

                      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

                      Sheikhpura P.S. Case No. 276 of 2025 subject to the conditions

                      as laid down under Section 482 (2) of the BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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