Created by Fuzzy Cloud

Patna High Court

Nagina SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners with specified conditions under Section 482(2) of the BNSS.

Summary

The petitioners, Nagina Sah, Anil Sah and Pinki Devi, sought anticipatory bail fearing arrest in a case (Pipra Kothi PS Case No.30 of 2025) involving alleged extortion, assault and theft. The FIR alleged that Nagina demanded Rs.10 lakh from the informant Rahul Kumar and, with accomplices, assaulted him, causing loss of Rs.1,10,000. The petitioners contended that the allegations were false, arising from a land dispute and village politics, and that similar co‑accused had already been granted anticipatory bail. The State opposed the bail, arguing the seriousness of the offences. Considering the existence of a case‑and‑counter‑case, the simple nature of the alleged injury, and the prior grant of bail to co‑accused, the Court extended anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the BNSS in view of the FIR allegations.
  • Whether the existence of a case and counter‑case and prior grant of bail to co‑accused justify extending anticipatory bail.
  • Whether the nature of the alleged injury and the offences alleged affect the discretion to grant bail.

Subjects

  • anticipatory bail
  • extortion
  • assault
  • land dispute
  • Section 482
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17675 of 2026
                  Arising Out of PS. Case No.-30 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
           1.     Nagina Sah S/O Late Bodha Sah @ Yodha Sah R/O vill.- Bangari
                  Phulawaria, P.O.- Bangari, P.S.- Pipra Kothi, District- East Champaran,
                  Motihari
           2.    Anil Sah S/O Nagina Sah R/O vill.- Bangari Phulawaria, P.O.- Bangari, P.S.-
                 Pipra Kothi, District- East Champaran, Motihari
           3.     Pinki Devi @ Pinki Kumari W/O Kundan Sah R/O vill.- Bangari
                  Phulawaria, P.O.- Bangari, P.S.- Pipra Kothi, District- East Champaran,
                  Motihari
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                   .. ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Kumar, Adv.
                 For the Opposite Party/s :       Mr.Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-03-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Pipra Kothi P.S. Case No. 30 of 2025 for the

                   offence punishable under sections 126, 115(2), 117(2), 76,

                   303(2),110, 352, 351(2), 3(5) and section 109 of the BNS

                   lodged on 27.01.2025 by the informant.

                                3. As per the prosecution case, the informant Rahul

                   Kumar Sah on 25.01.2025 at about 07:30 AM, went to his

                   agricultural land to see mustard crop, he noticed that someone

                   had damaged his crops. Thereafter, he was fencing his field to

                   get it protected. At that time, Nagina Sah (petitioner no.1) came

                   there and said that if the informant wanted to cultivate his land,

                   he would have to pay Rs. 10,00,000/- as extortion money.

                   Informant replied that the land belonged to him and questioned
Patna High Court CR. MISC. No.17675 of 2026(2) dt.25-03-2026
                                            2/4




          as to why he should pay anything. This infuriated Nagina Sah

          who shouted and called the persons namely, Anil Sah (petitioner

          no.2), Kundan Sah, Nitesh Sah, Ritesh Kumar, Mira Devi, Pinki

          Devi (petitioner no.3) and Prabhawati Devi. All of them, who

          had come armed with lathis, farsa, teguni, kudal, and iron rod,

          on the order of petitioner no.1 started to assault him. It is further

          alleged that the informant was also deprived of valuables and

          cash amounting to Rs. 1,10,000/- Accordingly, the FIR.

                       4. Learned counsel for the petitioners submits that the

          petitioners have not committed any offence as alleged in the

          FIR, they have falsely been implicated in this case due to dirty

          village politics and also due to land dispute between the parties.

          Actually, the informant has filed the present case in order to

          save his skin from a case bearing Piprakothi PS case No. 31 of

          2025 having been lodged on 27.01.2025 itself by one of the co-

          accused of the present case namely, Prabhawati Devi who has

          been allowed anticipatory bail by the learned trial court itself

          which would be evident from the order impugned dated

          31.01.2026. It has next been submitted that there is case and

          counter case between the parties and both sides have sustained

          injuries. Allegations against the petitioner are general and

          omnibus and the injuries sustained by the informant has been
Patna High Court CR. MISC. No.17675 of 2026(2) dt.25-03-2026
                                            3/4




          found to be simple in nature. It has next been submitted that

          some of the co-accused persons of this case, namely, Mira Devi,

          Kundan Sah and Prabhawati Devi have already been granted the

          privilege of anticipatory bail by the learned trial court itself vide

          Anticipatory Bail Petition No. 4855 of 2025 on 31.01.2026.

                      5. Learned APP along with learned counsel appearing

          for the informant vehemently opposed the prayer for

          anticipatory bail.

                       6. Considering the submissions of the parties and the

          fact that there is a case and counter case between the parties,

          some of the co-accused, as stated above, have already been

          granted the privilege of anticipatory bail by the learned trial

          court itself and the nature of injury is found to be simple in

          nature, this Court is inclined to extend them the 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) with two sureties of like amount

          each to the satisfaction of Ms. Shambhavi Vats, learned

          Judicial Magistrate 1st Class, East Champaran, Motihari/the

          court concerned in connection with aforesaid PS Case, subject
             Patna High Court CR. MISC. No.17675 of 2026(2) dt.25-03-2026
                                                         4/4




                       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
                                               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…

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