Patna High Court
Nagina SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
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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
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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
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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
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