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Patna High Court

Shripatti DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was granted to petitioners 1‑3 and denied to petitioner 4.

Summary

The petitioners sought anticipatory bail fearing arrest in connection with PS case No. 345 of 2025, which alleged offences under several sections of the Indian Penal Code. The petitioners argued that the alleged injuries were minor, no specific allegations were made against petitioners 1‑3, and a compromise had been filed by the informant. The State opposed the bail. The Court, after considering the nature of the allegations and the compromise, granted anticipatory bail to petitioners 1, 2 and 3 subject to bail bonds and conditions under Section 482(2) of the CrPC, but rejected the bail application of petitioner 4. The order was pronounced by Justice Shailendra Singh.

Issues considered

  • Whether anticipatory bail should be granted to petitioners 1‑3 under Section 482(2) of the CrPC in view of the alleged offences.
  • Whether the nature of the allegations and the existence of a compromise affect the grant of anticipatory bail.
  • Whether bail should be denied to petitioner 4 despite a similar allegation.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Indian Penal Code
  • assault
  • compromise petition
  • Section 482
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28828 of 2026
                 Arising Out of PS. Case No.-345 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
           1.     Shripatti Devi, Wife of Jainath Mahto @ Jainath Prasad Kushwaha, Resident
                  of village - Jinarwa Phulwar, P.S.- Lakhaura, Dist.- East Champaran.
           2.    Deepak Kumar, Son of Harendra Prasad Kushwaha @ Harendra Prasad,
                 Resident of village- Jinarwa Phulwar, P.S.- Lakhaura, Dist.- East
                 Champaran.
           3.    Pradeep Kumar, Son of Hiraman Mahto @ Hiraman Prasad Kushwaha
                 Resident of village- Jinarwa Phulwar, P.S.- Lakhaura, Dist.- East
                 Champaran.
           4.    Vivek Kumar, Son of Sanjay Prasad Kushwaha @ Sanjay Kumar, Resident
                 of village - Jinarwa phulwar, P.S.- Lakhaura, Dist.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :      Mrs. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   01-05-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Lakhaura P.S. Case No. 345 of 2025 registered for the

                   offences punishable under Sections 115(2), 126(2), 109(1), 333,

                   196, 351(2), 191, 352 and 3(5) of the BNS.

                                3. Learned counsel for the petitioners submits that, as

                   per the allegations, petitioner no. 1 along with co-accused,

                   namely Jainath Mahto, is alleged to have assaulted the injured

                   Raees Alam by means of a lathi and an iron rod, however, the
Patna High Court CR. MISC. No.28828 of 2026(2) dt.01-05-2026
                                            2/3




          injury sustained is stated to be simple in nature. It is further

          submitted that there is no specific allegation against petitioner

          no. 1 with regard to assault upon the other injured persons. It is

          also submitted that no specific allegation has been made against

          petitioner nos. 2 and 3. So far as petitioner no. 4 is concerned,

          though there is a specific allegation of assault upon the injured

          Sajid Alam but he is stated to be a young person. Learned

          counsel further submits that cordial relations have now been

          restored between the parties and a compromise petition has

          already been filed by the informant before the learned trial

          court.

                     4. Learned APP for the State has opposed the prayer for

          bail of the petitioners.

                       5. In the facts and circumstances of the case, and

          considering the statements made in the petition as well as the

          aforesaid submissions, and the nature of allegations appearing

          against petitioner nos. 1, 2 and 3, in my opinion, they deserve to

          be granted the privilege of anticipatory bail. Accordingly, let the

          petitioner nos. 1, 2 and 3 named-above, in the event of their

          arrest or surrender before the learned Court below within a

          period of six weeks from today, be released on anticipatory bail

          on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty
           Patna High Court CR. MISC. No.28828 of 2026(2) dt.01-05-2026
                                                       3/3




                     Thousand) each with two sureties of the like amount each to the

                     satisfaction of the Court concerned in connection with Lakhaura

                     P.S. Case No. 345 of 2025, subject to the conditions as laid

                     down under Section 482(2) of the BNSS.

                                  6. Considering the nature of allegation appearing

                     against the petitioner no. 4, his prayer for bail is rejected.



                                               (Shailendra Singh, J)

maynaz/-

U     T


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