Patna High Court
Devraj PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioners, two brothers and their wives, were named in an FIR for alleged assault under Sections 341, 323, 308, 504, 506 and 34 of the IPC arising from a land dispute. They applied for anticipatory bail, arguing that the charges were vague, the injuries were minor, and they had clean antecedents. The State opposed the bail, contending the seriousness of the offences. The court examined the nature of the injuries and the specificity of the allegations and concluded that the petitioners were not likely to flee or tamper with evidence. Consequently, the court ordered that the petitioners be released on bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties, and conditioned under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the charges of assault and related offences.
- Whether the allegations in the FIR are sufficiently specific to deny bail.
- Whether the nature and extent of injuries justify denial of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 308, 323, 34, 341, 504, 506
Subjects
- anticipatory bail
- assault
- IPC
- CrPC
- Bhartiya Nagarik Suraksha Sanhita
- land dispute
- gender discrimination
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28044 of 2026
Arising Out of PS. Case No.-1070 Year-2023 Thana- BARACHATTI District- Gaya
======================================================
1. Devraj Prasad S/O Balmukund Prasad Resident of Village- Gambhira, P.S.-
Mohanpur, District- Gayaji.
2. Jitendra Kumar S/O Balmukund Prasad Resident of Village- Gambhira, P.S.-
Mohanpur, District- Gayaji.
3. Sunita Devi wife of Devraj Prasad Resident of Village- Gambhira, P.S.-
Mohanpur, District- Gayaji.
4. Nitu Kumari @ Nitu Devi wife of Jitendra Kumar Resident of Village-
Gambhira, P.S.- Mohanpur, District- Gayaji.
... ... Petitioners
Versus
The State of Bihar Patna
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Barachatti P.S.
Case No. 1070 of 2023 registered for the offences punishable
under Sections 341, 323, 308, 504, 506, 34 of the Indian Penal
Code.
3. The allegation against the petitioners is to assault the
informant and others by using Lathi, rod etc. during the
occurrence on the head and body, which may likely to cause
their death. The occurrence alleged to be taken place due to land
Patna High Court CR. MISC. No.28044 of 2026(2) dt.01-05-2026
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dispute.
4. Learned counsel appearing on behalf of the petitioners
submitted that allegation of assault is appearing very much
general and omnibus against petitioner nos. 3 & 4 who are none
but the wife of petitioner nos. 1 & 2 respectively.
5. It is submitted that they have been implicated only
being the female members of the family with harassing attitude.
It is pointed out that only one injury was found on the non-vital
part on the body of Sarita Kumari, whereas abrasion was on
upper back region which was due to fall on the ground. It is
submitted that the injury of Santosh Kumar was found simple in
nature. It is further submitted that merely for the reason that
injury was found upon vital part i.e. head, the anticipatory bail
of the petitioners was rejected. Petitioners claimed clean
antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. In view of the aforesaid factual submissions and by
taking note of overall nature of injury, all the four above-named
petitioners, in the event of their arrest/surrender within a period
of four weeks from this order, are directed to be enlarged on bail
on furnishing of bail bond of Rs.10,000/- (ten thousand only)
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each with two sureties of the like amount each to the satisfaction
of learned A.C.J.M.-II, Sherghati, District – Gaya Ji/concerned
court in connection with Barachatti P.S. Case No. 1070 of 2023,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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