Patna High Court
Amala Devi @ Amola DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, five women related to Indradev Harait, sought anticipatory bail fearing arrest in a case (Khutauna PS Case No. 189 of 2025) alleging assault with a sharp weapon (dabiya) causing injuries to an informant. The prosecution alleged that the petitioners, along with others, participated in the assault, while the petitioners contended that the allegations were general, omnibus, and stemmed from a land dispute with a counter‑case, asserting they did not cause the injuries. The petitioners had no prior criminal record. The State opposed the bail. The Court, noting the vague nature of the allegations, the existence of a land dispute, and the lack of specific evidence linking the petitioners to the injury, granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with conditions under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the general and omnibus nature of the allegations.
- Whether the presence of a land dispute and lack of specific evidence justifies the grant of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- assault
- land dispute
- general and omnibus allegations
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25907 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
1. Amala Devi @ Amola Devi D/o Indradev Harait R/o Village- Parsahi, ward
no 1, Ps- Khutauna, District- Madhubani
2. Sita Devi W/o Indradev Harait R/o Village- Parsahi, ward no 1, Ps-
Khutauna, District- Madhubani
3. Sangita Devi D/o Indradev Harait R/o Village- Parsahi, ward no 1, Ps-
Khutauna, District- Madhubani
4. Juhi Kumari D/o Kamlesh Yadav Natin of Indradev Harait R/o Village-
Parsahi, ward no 1, Ps- Khutauna, District- Madhubani
5. Ruhi Kumari D/o Kamlesh Yadav, Natin of Indradev Yadav R/o Village-
Parsahi, ward no 1, Ps- Khutauna, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the State : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
connection with Khutauna P.S. Case No. 189 of 2025 in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109(1), 303(2), 352, 351(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioners along
with other co-accused person assaulted the informant by means
of dabiya due to which he sustained injury.
Patna High Court CR. MISC. No.25907 of 2026(2) dt.24-04-2026
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4. Learned counsel for the petitioners, at the outset,
submits the allegations on these petitioners are general and
omnibus in nature and the specific allegation of assault by
means of sharp cutting weapon dabiya, is upon one Ajay Kumar
Yadav causing injury on the nose of the informant. The injury
report has also been annexed as Annexure- P/3 which does not
disclose the exact nature of injury. However, the injuries are in
the nature of laceration and tenderness and these petitioners are
not the author of such injuries. There is case and counter case
and the case filed on the side of the petitioners is earlier in the
point of time. There is a land dispute between the parties and a
title suit is also pending. The petitioners have no criminal
antecedent.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that there are
general and omnibus nature of allegation and there is case and
counter case between the parties on account of land dispute, let
the above named petitioners, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, be enlarged on bail on furnishing bail bond
Patna High Court CR. MISC. No.25907 of 2026(2) dt.24-04-2026
3/3
of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
with Khutauna P.S. Case No. 189 of 2025, subject to the
condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
priyanka/-
U T
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