Vimal DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36197 of 2026
                      Arising Out of PS. Case No.-332 Year-2025 Thana- BIRAUL District- Darbhanga
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           1.     Vimal Devi S/o Ram Udgar Poddar Resident of Village - Saho, Police
                  Station - Biraul, District - Darbhanga.
           2.    Nitu Kumari @ Ritu Kumari D/o Ram Udagar Poddar @ Ram Udgar Poddar
                 Resident of Village - Saho, Police Station - Biraul, District - Darbhanga.
           3.    Ram Udgar Poddar S/o Late Yugeshwar Poddar @ Jugeshwar Poddar
                 Resident of Village - Saho, Police Station - Biraul, District - Darbhanga.

                                                                                   ... ... Petitioner/s


                                                       Versus
                 The State of Bihar
                                                                              .. ... Opposite Party/s


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                 Appearance :

                 For the Petitioner/s     :       Mr.Nilendu Kumar Choudhary, Advocate

                 For the Opposite Party/s :       Mr.Chandra Sen Prasad Singh, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                                  ORAL ORDER
2   02-06-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners who apprehend arrest in connection

                   with Biraul P.S. Case No. 332 of 2025 lodged on 10.09.2025,

                   for the offences punishable under sections 191(2), 191(3), 190,

                   115(2), 118(1), 117(2), 303(2), 74, 109, 352, 351(3) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the F.I.R. has been

                   instituted against nine named accused persons alleging that they
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          entered the house of the informant during the night and

          assaulted the members of the informant's family. The specific

          allegation against petitioner no. 3 is that he instigated the

          occurrence. So far as petitioner nos. 1 and 2 are concerned, it is

          alleged that they wrapped a sari around the neck of a family

          member of the informant, as a result of which the said person

          became unconscious. There is also an allegation of snatching

          jewellery from the informant's side.

                       4. Learned counsel for the petitioners submits that the

          petitioners and the informant's side are co-parceners and a long-

          standing land dispute is pending between them. In this

          connection, Title Suit No. 419 of 2025 is pending before the

          learned Civil Judge (Junior Division), Biraul, Darbhanga and

          Title Suit No. 222 of 2025 is pending before the learned Civil

          Judge (Senior Division), Biraul, Darbhanga. Learned counsel

          further submits that for the same date and place of occurrence,

          there is a case and counter-case between the parties. Learned

          counsel further submits that the petitioners do not have a clean

          antecedent as one other criminal case, instituted by the same

          informant in the year 2025 arising out of the land dispute, is

          pending against them, in which they have already been granted

          bail. It is further submitted that petitioner nos. 1 and 2 are
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          woman and are aged about 72 years 42 years respectively and

          petitioner no. 3 is aged about 75 years.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail. However, he fairly submits that there exists a

          case and counter-case between the parties and that a land

          dispute is also pending between them.

                       6. Considering the facts that the petitioners and the

          informant are co-parceners, Title Suit No. 419 of 2025 and Title

          Suit No. 222 of 2025 are pending between the parties before the

          competent Civil Courts at Darbhanga, there is a case and

          counter-case arising out of the same date and place of

          occurrence, and further considering the age of the petitioners as

          well as the nature of the allegations attributed to them in the

          F.I.R., let the above-named petitioners be released on bail, in the

          event of their arrest or surrender before the Trial Court within a

          period of four weeks from today, on furnishing bail bond of

          ₹30,000/- (Rupees Thirty Thousand only) each, as mentioned in

          Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita,

          2023, to the satisfaction of the Court of Learned Additional

          Chief Judicial Magistrate-I, Biraul, Darbhanga in connection

          with the Biraul P.S. Case No. 332 of 2025, subject to the

          conditions as laid down under Section 482(2) of the Bharatiya
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                    Nagrik Suraksha Sanhita, 2023.


                                                (Dr. Anshuman, J)
Ashwini/Manshi

U     T