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Patna High Court

Vandana DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                          3/3




                        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/-

U         T


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