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Patna High Court

Sarswati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
           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
            Patna High Court CR. MISC. No.29658 of 2026(2) dt.06-05-2026
                                                        3/3




                      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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