Patna High Court
Sarswati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioners – Sarswati Devi, her husband Ram Pravesh Singh and their son Gautam Kumar – sought anticipatory bail fearing arrest in a case (Kurtha P.S. Case No.184 of 2025) alleging assault, robbery and other offences under several sections of the BNS. The FIR, based on a report by informant Anita Devi, accused six persons, including the petitioners, of assaulting the informant’s family with lathis and an iron rod and snatching a gold chain, amid a land dispute. The petitioners contended they were innocent, had clean antecedents, and the allegations were vague, describing the incident as a simple family quarrel. The State opposed the bail, but the court noted the lack of specific allegations against the petitioners and the existence of a land dispute, finding no substantial ground to deny bail. Consequently, the court granted anticipatory bail to the three petitioners, subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the case registered under Sections 126(2), 115(2), 352, 351, 118(1), 303(2), 109 and 3(5) of the BNS.
Legislation cited
- BNS — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351, 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- land dispute
- false implication
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29658 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- Kurth District- Arwal
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1. Sarswati Devi, aged about 59 years, Female, Wife of Ram Pravesh Singh,
Resident of Village - Dhamaul, P.S.- Ibrahimpur, District- Arwal.
2. Ram Pravesh Singh, aged about 61 years, Male, Son of Late Shivanarayan
Singh, Resident of Village - Dhamaul, P.S.- Ibrahimpur, District- Arwal.
3. Gautam Kumar, aged about 42 years, Male, Son of Ram Pravesh Singh,
Resident of Village - Dhamaul, P.S.- Ibrahimpur, District- Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Kurtha P.S. Case No. 184 of 2025 instituted for the
offences punishable under Sections 126(2), 115(2), 352, 351,
118(1), 303(2), 109 and 3(5) of the BNS.
3. Allegation against the petitioners and other co-
accused persons is to have assaulted the informant and his
family members by means of lathi and iron rod due to which
they sustained head injuries and also snatched gold chain of the
informant’s gotini.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.29658 of 2026(2) dt.06-05-2026
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petitioners are innocent have committed no offence and have
falsely been implicated in this case. He submits that there is land
dispute attributed between the parties. He further submits that
there is no specific allegations against the accused persons and
all the injuries are simple in nature. He next submits that the
occurrence appears simple quarreling between two family
members including women also. Petitioners have got clean
antecedent as stated in para 3 of the petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioners.
6. From perusal of the FIR and the impugned order of
the learned District and Additional Sessions Judge-IInd, Arwal
dated 25.03.2026, it appears that on the basis of written report of
the informant Anita Devi, FIR has been registered under
Sections 126(2), 115(2), 352, 351, 118(1), 303(2), 109 and 3(5)
of the BNS against six co-accused persons including the present
all three petitioners. The allegation against the petitioners are
not specific but the allegation against one Ram Pravesh Singh is
that he snatched the gold chain of the informant’s gotini. It also
appears that there is land dispute going on between both the
parties and the petitioners have got clean antecedent as stated in
para 3 of the petition, so considering all these aspects of the case
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and submission of learned counsel for the petitioners, I am
inclined to grant anticipatory bail to the above named three
petitioners.
7. Accordingly, let the above named three petitioners
in the event of their arrest or surrender before the trial Court
within six weeks from today, be released on anticipatory bail
upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Additional District and Sessions Judge-IInd, Arwal
in connection with Kurtha P.S. Case No. 184 of 2025, subject to
the conditions laid down in Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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