Patna High Court
Inova Devi @ Indra DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
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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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