Patna High Court
Sangeeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions, exercising its discretion under Section 438(2) of the CrPC.
Summary
The petitioners, Sangeeta Devi and Kishun Sah, sought anticipatory bail fearing arrest in a land‑dispute related case (Pakridayal P.S. Case No. 287 of 2025) involving offences under several sections of the Bihar Non‑Specific Act, 2023. The prosecution opposed bail, noting one petitioner’s prior criminal record and the seriousness of the charges. The petitioners argued innocence and highlighted that a co‑accused had already been granted anticipatory bail in a similar matter. The Court, after considering the submissions, exercised its power under Section 438(2) of the Code of Criminal Procedure to grant anticipatory bail, subject to a cash bond, sureties and strict conditions regarding cooperation, presence, and non‑tampering with evidence. The order also directed verification of the petitioners’ criminal antecedents and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the alleged offences and the facts of the land dispute.
- Whether the petitioners’ criminal antecedents and the seriousness of the charges warrant denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- land dispute
- criminal antecedent
- bail conditions
- Bihar
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20289 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
1. Sangeeta Devi W/o- Kishun Sah @ Kishundev Sah Resident of Village-
Chorma, PS- Pakaridayal, District- East Champaran, Motihari
2. Kishun Sah @ Kishundev Sah S/o- Late Chulha Sah @ Late Chulhai Sah
Resident of Village- Chorma, PS- Pakaridayal, District- East Champaran,
Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr. Sharda Nand Mishra, learned counsel for
the petitioners and Mr. Surendra Prasad Singh, learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Pakridayal P.S. Case No. 287 of 2025, F.I.R.
dated 15.06.2025 for the offences punishable under Sections
126(2), 115(2), 109, 125(a), 329(3), 352, 351(2) and 3(5) of the
BNS, 2023.
3. According to prosecution case, these petitioners
along with other accused person assaulted the informant while
he was measuring his land.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.20289 of 2026(2) dt.17-04-2026
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petitioners are innocent and they have falsely been implicated in
the present case. He further submits that due to admitted land
dispute the present occurrence has taken place. There is case and
counter case between the parties and for the similar set of
allegations the co-accused, namely, Vishwaroop Singh @
Vishwarup Singh has been granted anticipatory bail by this
Court vide order dated 12.01.2026 passed in Cr. Misc. No.
88886 of 2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners and
submits that the petitioner no. 1 has clean antecedent and
petitioner no. 2 carries one criminal antecedent other than the
present one but fairly submits that he is on bail in the pending
matter.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M., East Champaran, Motihari in connection with
Pakridayal P.S. Case No. 287 of 2025, subject to the conditions
Patna High Court CR. MISC. No.20289 of 2026(2) dt.17-04-2026
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as laid down under Section 438(2) of the Code of Criminal
Procedure and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
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