Patna High Court
Vandana DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to a bail bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, residents of Konag village, sought anticipatory bail fearing arrest in a case (Halsi P.S. Case No.02 of 2026) filed under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners, after drinking, assaulted an informant and her husband near a temple, causing simple injuries and threatening further violence. The petitioners contended they were falsely implicated due to a land dispute with the informant and asserted a clean antecedent, offering cooperation with the investigation. The State opposed the bail. Considering the simple nature of the injury, the petitioners' clean record, and the circumstances, the Court ordered that the petitioners be released on bail upon furnishing a Rs.10,000 bond with two sureties each, subject to the conditions of Section 482(2) of the B.N.S., 2023. The order effectively granted anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the allegations of assault and threat.
- Whether the simple nature of the injury and the petitioners' clean antecedent justify the grant of bail.
- Whether the petitioners are falsely implicated due to a land dispute with the informant.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(1), 126(1), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- assault
- land dispute
- false implication
- simple injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18178 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- HALSI District- Lakhisarai
======================================================
1. Vandana Devi W/o Jairam Mistri R/o Village- Konag, P.S- Halsi, Distt.-
Lakhisarai.
2. Soni Devi W/o Sanoj Mistri @ Sanoj Sharma R/o Village- Konag, P.S-
Halsi, Distt.- Lakhisarai.
3. Soni Kumari @ Soni Devi W/o Ranjeet Kumar Sharma @ Sanjeet Mishtri
@ Sanjit Kumar Sharma R/o Village- Konag, P.S- Halsi, Distt.- Lakhisarai.
4. Sima Kumari @ sima devi W/o Vijay Kumar Sharma R/o Village- Konag,
P.S- Halsi, Distt.- Lakhisarai.
5. Dashrath Mistri S/o Late Radheshyam Mistri R/o Village- Konag, P.S- Halsi,
Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate.
Mr. Rajnish Kumar, Advocate.
For the Opposite Party/s : Mr. Murli Dhar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Halsi P.S. Case No.02 of 2026 instituted under Sections
126(1), 115(1), 352, 109(1), 351(2), 74, 3(5) of the B.N.S.,
2023.
3. As per the prosecution case, all the accused persons
including the petitioners after drinking assaulted the informant
and her husband near Kali temple in front of her house due to
Patna High Court CR. MISC. No.18178 of 2026(2) dt.25-03-2026
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which they received injury. It is further alleged that they have
threatened to beat her and encroach the way by tying the cow on
the road.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. He further submits that petitioners and informant both are
co-villagers and there is land dispute between them due to
which free fight takes place and there is case and counter case
between them. Learned counsel submits that the injury to the
injured is simple in nature. He further submits that petitioners
have got clean antecedent and they undertake to cooperate in the
investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation against the petitioners as well as the fact
that the injury to the injured is simple in nature, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
Patna High Court CR. MISC. No.18178 of 2026(2) dt.25-03-2026
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learned J.M. 1st Class, Lakhisarai/ concerned Court in
connection with Halsi P.S. Case No.02 of 2026, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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