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Patna High Court

Inova Devi @ Indra DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to surrender within six weeks and furnishing bail bonds with sureties as per Section 482(2) of the B.N.S.S.

Summary

The petitioners, Inova Devi and Nitish Kumar, sought anticipatory bail fearing arrest in connection with a gang‑related case (PS‑144/2025) alleging assault under several sections of the Bihar Negotiable Statutes (B.N.S.). The FIR, lodged three days after the alleged incident, accused them of attacking an informant and her family with a spade, lathi and danda, causing injuries. The petitioners argued that the dispute stemmed from a land conflict and that the injuries were minor, also noting that the second petitioner is a student. The State opposed the bail, contending the seriousness of the offences. After considering the facts, the court granted anticipatory bail, directing the petitioners to surrender within six weeks and furnish bail bonds of Rs 10,000 with two sureties each, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged assault.
  • Whether the delay in filing the FIR and the nature of injuries affect the grant of bail.

Subjects

  • anticipatory bail
  • criminal law
  • assault
  • land dispute
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20127 of 2026
                       Arising Out of PS. Case No.-144 Year-2025 Thana- GANGTA District- Munger
                 ======================================================
           1.     Inova Devi @ Indra Devi Wife of Shaligram Pandit Resident of Village -
                  Ghughaladih, Police Station - Gangta and District - Munger.
           2.    Nitish Kumar Son of Shaligram Pandit Resident of Village - Ghughaladih,
                 Police Station - Gangta and District - Munger.


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashutosh Kumar Verma, Advocate
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Gangta P.S. Case No. 144 of 2025 registered for the

                   offences punishable under Sections 126(2), 115 (2), 109(1), 352

                   and 3 (5) of the BNS.

                                3. As per the allegation, petitioner no. 1 is alleged to

                   have assaulted the informant by means of spade while other co-

                   accused persons including the petitioner no. 2 assaulted upon

                   the husband and son of the informant due to which husband of

                   the informant sustained head injuries while the son and daughter
Patna High Court CR. MISC. No.20127 of 2026(2) dt.08-04-2026
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          of the informant also received injuries by means of lathi and

          danda, thereafter, all were taken to Kharagpur Hospital, where

          the informant and her husband were treated.

                       4. Learned counsel for the petitioners submits that

          there happens to be a land dispute between the parties. There is

          a delay of three days in lodging the FIR. He further draws

          attention of this Court to the impugned order in para 6 where the

          lower court has given a finding that the injuries sustained by

          injured persons are simple in nature while petitioner no. 2 is a

          student.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the facts and circumstances of the case

          and submissions of learned counsel for the parties, let the

          petitioners, above named, in the event of their arrest or

          surrender before the Court below within a period of six weeks

          from the date of receipt of the order, be released on bail on

          furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each

          with two sureties of the like amount each to the satisfaction of

          the     learned      Additional         Chief    Judicial   Magistrate-III,

          Munger/concerned Court where the case is pending in

          connection with Gangta P.S. Case No. 144 of 2025, subject to
            Patna High Court CR. MISC. No.20127 of 2026(2) dt.08-04-2026
                                                        3/3




                      the conditions as laid down under Section 482 (2) of the

                      B.N.S.S.


                                                 (Praveen Kumar, J)

khushbu/-

U      T


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