Patna High Court
Chetiya DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
Anticipatory bail was granted to petitioners Chetiya Devi and Mohan Yadav, but denied to the other four accused.
Summary
The petitioners, six villagers, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging armed assault, robbery, and several serious offences. The prosecution alleged that the accused entered a house armed, assaulted the occupants, and stole cash and jewellery. The petitioners claimed innocence, stating the incident was a dispute‑related fight and the injuries were minor. The court, considering the advanced age of petitioners Chetiya Devi and Mohan Yadav, granted them anticipatory bail on condition of a Rs.30,000 bond each, while refusing anticipatory bail for the remaining four accused, leaving open the possibility of regular bail upon surrender. The order was made under the provisions of Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 for the offences alleged in the FIR.
- Whether the age of the accused is a relevant factor in granting anticipatory bail.
- Whether conditions such as bail bond and surrender period are appropriate under the BNSS.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyay Sanhita, 2023 — s. 110, 115, 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Bhartiya Nyay Sanhita
- age factor
- bail conditions
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15407 of 2026
Arising Out of PS. Case No.-315 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
1. Chetiya Devi wife of Mohan Yadav Resident of Village- Kahudag, P.S.-
Barachatti, District- Gaya,
2. Mohan Yadav Son of Late Chhathu Yadav Resident of Village- Kahudag,
P.S.- Barachatti, District- Gaya,
3. Vijay yadav @ Vijay Kumar Yadav Son of Mohan Yadav Resident of
Village- Kahudag, P.S.- Barachatti, District- Gaya,
4. Rita Devi Wife of Vijay Yadav @ Vijay Kumar Yadav Resident of Village-
Kahudag, P.S.- Barachatti, District- Gaya,
5. Sanjay Yadav @ Sanjay Kumar Son of Mohan yadav Resident of Village-
Kahudag, P.S.- Barachatti, District- Gaya,
6. Artiya Devi @ Artima Devi @ Arti Kumari Wife of Sanjay Yadav Resident
of Village- Kahudag, P.S.- Barachatti, District- Gaya,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioners who apprehend arrest
in connection with Barachatti P.S. Case No. 315 of 2025, lodged
on 11.09.2025, under Sections 126(2)/115/110/ 303(2) /352 /
Patna High Court CR. MISC. No.15407 of 2026(2) dt.25-03-2026
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351(2)/3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
six named accused persons with allegation that they came armed
with iron rod, sword and other weapons, entered into his house
forcibly and started assaulting him and his family brutally, due
to which they received multiple injuries on different parts of
their bodies and took away cash of Rs.2.5 lakh and gold chain
from his house.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel submits that the informant and the petitioners are co-
villagers and due to some dispute free-fight took place. Counsel
further submits that the injured persons were examined by the
doctor and the doctor found injuries are simple in nature.
Counsel further submits that petitioners are ready to fulfill all
the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. Considering the age of petitioner Nos.1 and 2,
namely, Chetiya Devi and Mohan Yadav, let petitioner Nos.1
and 2 be released on anticipatory bail, in the event of arrest or
surrender before the learned Court below within a period of 4
Patna High Court CR. MISC. No.15407 of 2026(2) dt.25-03-2026
3/3
weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) each as mentioned in Section 2(1)(d)
of the BNSS, 2023 to the satisfaction of A.C.J.M.-II, Sherghati,
Gaya, in connection with Barachatti P.S. Case No. 315 of 2025,
subject to the conditions as laid down U/s 482(2) of the BNSS,
2023.
7. Considering the nature of allegation, the prayer for
anticipatory bail of other petitioners, namely, Vijay Yadav @
Vijay Kumar Yadav, Rita Devi, Sanjay Yadav @ Sanjay Kumar
and Artiya Devi @ Artima Devi @ Arti Kumari is hereby
refused. However, in the event of surrender of the petitioners
within four weeks from today, the prayer for regular bail shall
be considered without being prejudiced by the order of this
Court.
(Dr. Anshuman, J)
Mkr./-
U
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