Patna High Court

Usha DeviversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioners subject to a bond and conditions under Section 482(2) of the B.N.S. 2023.

Summary

The petitioners, Usha Devi and Rishi Baitha, sought anticipatory bail fearing arrest in a case (Chapra Muffasil P.S. Case No. 284 of 2025) where they were accused of assaulting an informant and her son with a sharp weapon, leading to minor injuries. The FIR listed offences under Sections 126(2), 115(2), 118(1), 109, 352, 303(2) and 3(5) of the B.N.S. 2023. The petitioners argued that the dispute stemmed from a land conflict between neighbours and that the injuries were simple, also noting a counter‑case filed by them. The court, considering the neighbourly land dispute, the modest nature of the injuries, and the existence of a counter‑case, decided to grant anticipatory bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties and compliance with Section 482(2) of the B.N.S. 2023, to be executed within four weeks of the order.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S. 2023 in view of the alleged offences.
Whether the context of a land dispute and the simple nature of injuries justify the grant of anticipatory bail.

Legislation cited

B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352, 482(2)

Subjects

anticipatory bail
Section 482
land dispute
assault
neighbor dispute
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2326 of 2026
                  Arising Out of PS. Case No.-284 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
           1.     Usha Devi Wife of Shiv Shankar Baitha @ Gaurishankar Baitha Resident of
                  Village- Tenua, P.O.- Meera Mushehri, P.S.- Chapra Muffasil, District- Saran
                  at Chapra, Pin Code- 841414
           2.     Rishi Baitha @ Rishi Kumar Rajak Son of Arjun Baitha Resident of Village-
                  Tenua, P.O.- Meera Mushehri, P.S.- Chapra Muffasil, District- Saran at
                  Chapra, Pin Code- 841414
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jeetendra Narayan
                 For the Opposite Party/s :      Mr.Uma Shankar Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER
2   28-01-2026         1. Heard the parties.

                       2. The petitioners apprehend their arrest in connection with

                   Chapra Muffasil P.S. Case No. 284 of 2025 dated 25.05.2025

                   registered under Sections 126(2), 115(2), 118(1), 109, 352,

                   303(2), 3(5) of the B.N.S. 2023.

                       3. As per the F.I.R. on 25.06.2025 in the morning the

                   petitioners and other accused persons arrived at the door of the

                   informant, started abusing her and when objected, the petitioner

                   no. 1 assaulted the informant with ‘daab’ (a sharp cutting

                   weapon) on her head and the petitioner no. 2 assaulted the son

                   of the informant with ‘daab’ due to which he sustained injury on

                   his lip.

                       4. Learned counsel for the petitioners submits that both the
             Patna High Court CR. MISC. No.2326 of 2026(2) dt.28-01-2026
                                                         2/2




                       parties are neighbours and there is land dispute between them

                       and a counter case has been lodged by the side of the petitioners

                       against the informant and others bearing SC/ST P.S. Case No.

                       21 of 2025 on 29.05.2025. Referring to Annexure – 2 Series,

                       learned counsel submits that injuries sustained by the victims

                       are simple in nature.

                           5. Regard being had to the submission made by the parties,

                       taking into consideration the fact both the parties are neighbours

                       having land dispute, case and counter case is there and injuries

                       sustained by the victims are simple in nature, accordingly, I am

                       inclined to grant anticipatory bail to the petitioners.

                           6. Let the petitioners, above named, be released on

                       anticipatory bail in the event of arrest or surrender before the

                       court below within a period of four weeks from today on

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

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

                       learned Chief Judicial Magistrate, Saran at Chapra in connection

                       with Chapra Muffasil P.S. Case No. 284 of 2025 subject to the

                       condition as laid down under Section 482 (2) of the B.N.S.S.



praful/-                                        (Anil Kumar Sinha, J)
U        T

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