Patna High Court
Kalavati Devi @ Kalauti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners – Kalavati Devi, Vijay Giri, Lalan Giri, Shatrudhan Giri and Bittu Kumar – were implicated in an assault case (Konch Police Station Case No. 338 of 2025) alleging offences under several sections of the Bhartiya Nyaya Sanhita, 2023. They applied for anticipatory bail, contending that both parties are agnates, there is a dispute over passage, a prior case filed by them, a 36‑day delay in lodging the FIR and the prosecution’s failure to produce injury reports. The prosecution described a violent attack on the informant’s son and other family members with lathi‑danda and a knife, resulting in injuries. The Court observed the inordinate delay, the existence of a case‑and‑counter‑case, and the lack of medical evidence, and therefore found sufficient ground to grant anticipatory bail. The order directed that, if arrested within four weeks, the petitioners be released on bail upon furnishing a Rs 10,000 bond and two sureties of the same amount, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
- Whether the 36‑day delay in lodging the FIR and the prosecution’s failure to produce injury reports justify the grant of anticipatory bail.
- Whether the existence of a prior case and a counter‑case between agnates affects the decision on anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 127(2), 3(5), 351(3), 352
Subjects
- anticipatory bail
- delay in FIR
- agnates
- assault
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24293 of 2026
Arising Out of PS. Case No.-338 Year-2025 Thana- KONCH District- Gaya
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1. Kalavati Devi @ Kalauti Devi W/o Lalan Giri
2. Vijay Giri @ Vijay Kumar S/o Lalan Giri
3. Lalan Giri S/o Late Saryu Giri @ Sargu Giri @ Sarju Giri
4. Shatrudhan Giri S/o Shardanand Giri
5. Bittu Kumar S/o Ravindra Giri
All are resident of village- Baikanthpur, Police Station- Konch, Dist.- Gaya
Jee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Kamal Kumar Sinha
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Konch Police Station Case No. 338 of 2025, dated
21.06.2025, disclosing offences punishable under
Sections 127(2)/115(2)/118(1)/109/352/351(3)/3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 15.05.2025, at about 8 PM, while the son of the
informant was going to attend the nature’s call, the
accused persons assaulted him by lathi-danda, due to
which he sustained injury. When the family members of
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the victim came there on the alarm being raised by him,
they saw that the accused persons have given knife blow
on the eyes of the victim, due to which he sustained
injury. When the husband of the informant intervened, he
was also assaulted by the accused persons on his head and
left hand by lathi, due to which he sustained injury on his
head and the finger of left hand got fractured. The
accused persons also assaulted the informant by lathi and
danda.
4. Learned Counsel for the petitioners submits that both the
parties are agnates and there is dispute with regard to
passage. There is case and counter case between the
parties inasmuch as Konch Police Station Case No. 283 of
2025 has been filed by the petitioners’ side and the case
of the petitioners’ side was lodged on 19.05.2026;
whereas, the present First Information Report has been
lodged on 21.06.2025, i.e. after 36 days of the alleged
occurrence without any explanation. He further submits
that there is general and omnibus allegation against the
petitioners and the prosecution has not produced injury
reports of the victims.
5. Regards being had to the submissions advanced on behalf
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of the parties and taking into consideration the fact that
both the parties are agnates, there is admitted dispute with
regard to passage, there is case and counter case and the
case lodged by the petitioners’ side is prior in time, there
is inordinate delay of about 36 days in lodging the present
First Information Report and the prosecution has failed to
bring the injury reports of the victims, I am inclined to
grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Gaya, in
connection with Konch Police Station Case No. 338 of
2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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