Patna High Court
Pushpa DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners.
Summary
Petitioners Pushpa Devi and Surendra Singh were implicated in FIR No. 555/2025 alleging assault on informant Laxman Singh and his son, with charges under several sections of the B.N.S.S. 2023. The petitioners contended that the allegations were false and stemmed from a land dispute between the agnate parties, and that injuries on both sides were minor. The State opposed the grant of anticipatory bail. The Court observed that no specific overt act was detailed, the parties were agnates with a counter‑case, and the injuries were simple, leading it to deem anticipatory bail appropriate. Consequently, the Court allowed the anticipatory bail application, directing the petitioners to surrender within six weeks and comply with conditions under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the FIR.
- Whether the allegations constitute a sufficient ground for arrest pending trial.
- Whether Section 482(2) of the B.N.S.S. 2023 empowers the Court to grant anticipatory bail in this case.
Legislation cited
- B.N.S.S., 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- FIR
- assault
- land dispute
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3791 of 2026
Arising Out of PS. Case No.-555 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
1. Pushpa Devi W/O Surendra Singh Resident of village- Pokhra, P.s.-
Maharajganj, District- Siwan, Bihar
2. Surendra Singh S/O Late Rambilash Singh Resident of village- Pokhra, P.S.-
Maharajganj, District- Siwan, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhakar Singh,
Mr. Sumit Kumar,
Ms. Ritika Kumarik Advocates.
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 20-02-2026 Heard Mr. Prabhakar Singh, learned counsel for the
petitioners and the learned APP for the State.
2. This application for grant of anticipatory bail arises
out of Maharajganj Police Station Case No. 555 of 2025 dated
17.11.2025, disclosing the offence under Sections 126(2),
115(2), 118(1) 303(2), 109(1), 351(2), 352 and 3(5) of the BNS
lodged by the informant, Laxman Singh.
3. As per the prosecution case, the informant alleged
that these petitioners along with others came to his copy factory
armed with rod, farsa, sword etc, and started hurling abuses.
Surendra Singh (petitioner no.2) along with one Aman Kumar
Patna High Court CR. MISC. No.3791 of 2026(3) dt.20-02-2026
2/4
caught hold of hair of the informant and petitioner no.1 with
one Kirti Kumari assaulted on his head by means of rod. When
son of the informant came to his rescue, he was also beaten by
means of Lathi. Accordingly, the present FIR.
4. Learned counsel for the petitioners submits that the
petitioners have not committed any offence as alleged in the FIR
and they have falsely been implicated in this case on basis of
land disputed between the parties and both the parties are
agnates/Pattidar. There is a counter version to the entire incident
being Maharajganj PS Case No. 556/2026, which is said to have
been lodged by the petitioner’s side. It has next been submitted
that both the sides have receive injuries, insofar as the injuries
which are said to have been sustained by the informant and his
son are concerned, they are simple in nature.
5. On the other hand, learned APP opposes the
prayer for anticipatory bail of the petitioners.
6. After having heard learned counsel for the
parties and taking into consideration the fact that nothing
specific allegation of overt-act has been alleged against these
petitioners, both the parties are agnates, there is case and
counter case between the parties, injuries caused to the
informant and his son are simple in nature and the petitioners
Patna High Court CR. MISC. No.3791 of 2026(3) dt.20-02-2026
3/4
have also sustained injuries, this Court is inclined to grant the
petitioners the privilege of anticipatory bail.
7. This application for anticipatory bail is,
accordingly, allowed.
8. Let the petitioners, named above, in the event
of their arrest or surrender before the Court below within six
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-II, Siwan in connection with aforesaid
Police Station Case subject to the condition as laid down under
Section 482 (2) of the B.N.S.S. 2023, as well as the following
conditions:-
(i) one of the bailors should
be the family member/relative of the
petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall
appear on each and every date before
the Trial Court and failure to do so for
two consecutive dates without
plausible reason will entail
cancellation of his bail bond by the
Trial Court itself;
(iii) the petitioner(s) shall in
Patna High Court CR. MISC. No.3791 of 2026(3) dt.20-02-2026
4/4
no way try to induce or promise or
threat the witnesses or tamper with the
evidences, failing which the State shall
be at liberty to take steps for
cancellation of the bail
(iv) the petitioner(s) shall
desist from committing any criminal
offence again, failing which the State
shall be at liberty to take steps for
cancellation of his/her bail bonds.
(Ajit Kumar, J)
perwez
U T
Checking your session…