Patna High Court
Indu Devi @ Indu KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners – Indu Devi, Manoj Kumar Singh and their sons – sought anticipatory bail fearing arrest in a case (PS Bibhutipur No.454/2025) alleging offences under several sections of the B.N.S., including assault and rioting. The prosecution alleged that the petitioners had abused and assaulted an informant and his family, while the petitioners contended that the incident stemmed from a land dispute between agnates, resulting only in minor injuries and that they have clean antecedents. The learned APP opposed the bail, but the court examined the nature of the injuries, the counter‑claims, and the petitioners’ spotless record. Considering these circumstances, the court held that anticipatory bail was appropriate. Consequently, the court ordered that if arrested within eight weeks, each petitioner be released on bail upon furnishing a Rs 10,000 bond with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite allegations under Sections 126(2),115(2),76,109(1),303(2),352,351(2) and 3(5) of the B.N.S.
- Whether the nature of the alleged injuries and the petitioners’ clean antecedents justify bail
- Whether Section 482(2) of the B.N.S.S. can be invoked to condition the grant of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- land dispute
- assault
- criminal procedure
- Section 482
- bail bond
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17598 of 2026
Arising Out of PS. Case No.-454 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
1. Indu Devi @ Indu Kumari W/o Manoj Kumar Singh R/o Village - Kerai
Ward no. 4, P.O and P.S - Bhibhutipur, District - Samastipur
2. Manoj Kumar Singh S/o Om Prakash Singh R/o Village - Kerai Ward no. 4,
P.O and P.S - Bhibhutipur, District - Samastipur
3. Sumit Kumar @ Pappu S/o Manoj Kumar Singh R/o Village - Kerai Ward
no. 4, P.O and P.S - Bhibhutipur, District - Samastipur
4. Sumant Kumar Singh @ Guddu S/o Manoj Kumar Singh R/o Village - Kerai
Ward no. 4, P.O and P.S - Bhibhutipur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Abhay Kumar, Advocate
For the State : Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 76, 109(1), 303(2), 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
abused and assaulted informant and his family members.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.17598 of 2026(2) dt.01-04-2026
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behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
agnates and due to land dispute, simple maar-peet took place
between the parties in which both sides sustained injuries. There
is case and counter-case. Injuries, allegedly caused by these
petitioners, are simple in nature. Petitioners claim clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, case and counter-case between the parties, nature of
injuries allegedly caused by these petitioners and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Rosera,
Samastipur in connection with Bhibutipur P.S. Case No. 454 of
2025, subject to condition as laid down under Section 482(2) of
Patna High Court CR. MISC. No.17598 of 2026(2) dt.01-04-2026
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the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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