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Patna High Court

Kalavati Devi @ Kalauti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                 ======================================================
                 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
Patna High Court CR. MISC. No.24293 of 2026(2) dt.22-04-2026
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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
            Patna High Court CR. MISC. No.24293 of 2026(2) dt.22-04-2026
                                                        3/3




                               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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