Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74, 76
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
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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
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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
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take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
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