Created by Fuzzy Cloud

Patna High Court

Anita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted to the petitioners subject to conditions.

Summary

The petitioners Anita Devi, Vivek Kumar and Rohit Kumar applied for anticipatory bail fearing arrest in connection with PS case No. 737 of 2025, which alleged offences under several sections of the BNS arising from a family land dispute. The informant claimed that her brother‑in‑law Nanak Kumar Singh assaulted her and her husband and that the petitioners were also involved in the assault and theft of valuables. The petitioners contended that the specific allegation of an overt act is directed only at Nanak Kumar Singh, that the allegations against them are vague and omnibus, and that the injuries suffered are simple in nature. The State opposed the grant of anticipatory bail. Considering the simple nature of the injuries, the specific allegation against Nanak Kumar Singh, the petitioners’ agnate relationship and their prior bail in a related case, the Court granted anticipatory bail with a bond of Rs 10,000 each and imposed conditions under Section 482(2) of the BNS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging multiple offences.
  • Whether the specific allegation of an overt act against Nanak Kumar Singh excludes liability of the petitioners.
  • Whether the nature of the alleged injuries and the petitioners’ prior bail in a related case justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • agnates
  • simple injury
  • FIR
  • bail conditions
  • Section 482(2)
  • Bihar Negotiable Statutes

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15632 of 2026
                      Arising Out of PS. Case No.-737 Year-2025 Thana- VAISHALI District- Vaishali
                 ======================================================
           1.     Anita Devi W/O Nanak Kumar Singh R/O Vill.- Belwar, P.S.- Vaishali
                  (Belsar O.P.), Dist.- Vaishali.
           2.    Vivek Kumar S/O Nanak Kumar Singh R/O Vill.- Belwar, P.S.- Vaishali
                 (Belsar O.P.), Dist.- Vaishali.
           3.     Rohit Kumar S/O Nanak Kumar Singh R/O Vill.- Belwar, P.S.- Vaishali
                  (Belsar O.P.), Dist.- Vaishali.
                                                                      ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar, Adv.
                 For the Opposite Party/s :       Mr.Renuka Ratnakar(APP125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   12-03-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Vaishali P.S. Case No. 737 of 2025 dated

                   12.10.2025 for the offence punishable under sections 126(2),

                   115(2), 76, 74, 109(1), 303(2), 352, 351(2), 3(5) of the BNS

                   lodged by the informant.

                                3. As per the prosecution case, the informant has

                   alleged that while she was at home, her Bhainsur (elder brother-

                   in-law), namely, Nanak Kumar Singh started abusing her in

                   connection with land dispute and when she protested, she was

                   badly assaulted and even outraged. When her husband came to
Patna High Court CR. MISC. No.15632 of 2026(2) dt.12-03-2026
                                            2/4




          rescue her, he was also assaulted by him and other accused

          persons including these petitioners. The informant was also

          deprived of her valuables costing Rs. 85,000/-. Accordingly, the

          FIR.

                       4. Learned counsel for the petitioners submits that

          both the parties are agnates and there is a land dispute between

          them. It is further submitted that the specific allegation of overt-

          act is against the accused, Nanak Kumar Singh while the

          allegation against these petitioners are general and omnibus in

          nature and the injuries which are said to have been sustained by

          the informant and her husband are found to be simple in nature

          which can be inferred from the order impugned itself.

          Petitioners have got one antecedent i.e., Vaishali PS Case No.

          444 of 2025 under Sections 126(2), 115(2), 352, 351(2), 3(5) of

          the BNS which is said to have been lodged by the informant’s

          family and they are on bail in the said case.

                       5. Learned APP opposes the prayer for anticipatory

          bail.

                       6. Considering the nature of injury being simple in

          nature and the specific allegation of overt-act is against one

          Nanak Kumar Singh, petitioners are aganates having land

          dispute between them, this Court is inclined to extend them the
Patna High Court CR. MISC. No.15632 of 2026(2) dt.12-03-2026
                                            3/4




          privilege of anticipatory bail.

                       7. Let the petitioners, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) each with two sureties of like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Vaishali at Hajipur in connection with aforesaid PS

          Case, subject to the conditions as laid down under Section

          482(2) of the BNSS as well as the following conditions:-

                                               (i) one of the bailors should be the
                                  family member/relative of the petitioner(s)
                                  who shall provide official document to show
                                  his/her bona fide;
                                               (ii) the petitioner(s) shall appear
                                  on each and every date before the Trial
                                  Court and failure to do so for two
                                  consecutive dates without plausible reason
                                  will entail cancellation of his/their        bail
                                  bond by the Trial Court itself;
                                               (iii) the petitioner(s) shall in no
                                  way try to induce or promise or threat the
                                  witnesses or tamper with the evidences,
                                  failing which the State shall be at liberty to
                                  take steps for cancellation of the bail bonds;
                                               (iv) the petitioner(s) shall desist
                                  from committing any criminal offence again,
                                  failing which the State shall be at liberty to
             Patna High Court CR. MISC. No.15632 of 2026(2) dt.12-03-2026
                                                         4/4




                                               take steps for cancellation of his/their bail
                                               bonds.



                                                     (Ajit Kumar, J)
    perwez

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.