Sabita DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2492 of 2026
                       Arising Out of PS. Case No.-497 Year-2025 Thana- BIDUPUR District- Vaishali
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           1.     Sabita Devi W/O Sanjay Singh @ Sanjay Kumar Singh Resident of Village-
                  Daudnagar Madaripur, P.S- Bidupur, Distt.- Vaishali.
           2.    Sahil Kumar S/O Sanjay Singh @ Sanjay Kumar Singh Resident of Village-
                 Daudnagar Madaripur, P.S- Bidupur, Distt.- Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pranav Kumar, Adv.
                                                   Mr. Rajeev Ranjan No. II, Adv.
                 For the Opposite Party/s :        Mr. Brajendra Nath Pandey, APP
                 For the Informant        :        Mr. Manish Chandra Gandhi, Adv.
                                                   Mr. Himanshu Ranjan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026                   Heard learned counsel for the petitioners, learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner apprehends their arrest in connection

                   with Bidupur P.S. Case No.497 of 2025 registered for the

                   offence under Sections 126(2), 115(2), 117(2), 109, 329(3),

                   303(2), 351(2), 351(3), 352, 3(5) of BNS.

                                 3. The prosecution case, in short, is that the informant

                   Mithlesh Kumar submitted his application to the S.H.O of

                   Bidupur P.S on 13.07.25 alleging interalia that on 11.07.25 at

                   about 9:00 AM, all the named accused persons came assaulted

                   him with lathi, danda upon his head when he was ploughing
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          banana plant in his share of land. It is further alleged that when

          his mother and brother came to save him, the accused persons

          also assaulted them. They also assaulted his wife and thereafter

          Savita Devi snatched the gold Jitya from his wife and threatened

          him. It is further alleged that he and his mother brought to

          Hospital from where they have been referred to Sadar Hospital,

          Hajipur.

                       4. Learned counsel for the petitioner submits that

          petitioners are innocent and have committed no offence and they

          have falsely been implicated in this case. Learned counsel for

          the petitioners further submits that there is no specific allegation

          of assault against the petitioners and the petitioners are having

          no criminal antecedent. Learned counsel for the petitioners next

          submits that there is a case of case and counter case between the

          parties. It is next submitted that petitioner no.1 is a lady and

          petitioner no.2 is a student of Intermediate College, Bidupur.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. On perusal of the FIR, it appears that there is no

          specific allegation of assault against the petitioners. The

          petitioners are also stated to be having no criminal antecedent.

          From the averments made in paragraph-7, it appears that this is
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                    a case of case and counter case between the parties. Under these

                    circumstances, this Court is inclined to grant privilege of

                    anticipatory bail to the petitioners.

                                 7. Accordingly, the petitioner above named, in the

                    event of his arrest or surrender before the learned Court below

                    within a period of six weeks, is directed to be released on

                    anticipatory bail on his furnishing bail-bonds in the sum of Rs.

                    10,000/- with two sureties of the like amount each to the

                    satisfaction of the learned Judicial Magistrate, Ist Class, Vaishali

                    at Hajipur in connection with Bidupur P.S. Case No.497 of 2025

                    subject to the conditions laid down under Section 482(2) of the

                    Bhartiya Nagarik Suraksha Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T