Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
Sunita Devi and Ramesh Kumar applied for anticipatory bail fearing arrest in a case arising from a family land dispute that allegedly led to an assault on an informant and her son. The prosecution alleged that the petitioners, along with others, attacked the victims with weapons, causing head injuries. The petitioners contended they were falsely implicated, highlighted the informant’s familial relationship, and emphasized the petitioners’ lack of criminal antecedent and the simple nature of the injuries. The court noted that the allegations against the petitioners were general and the injuries were minor, and, considering their clean record, granted anticipatory bail subject to strict conditions. The bail order required a bond, sureties, appearance before the trial court, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the allegations of assault and the nature of the injuries.
- Whether the petitioners’ lack of criminal antecedent and the general nature of the allegations justify bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 35(1), 352, 482(2)
Subjects
- anticipatory bail
- assault
- family dispute
- Section 482
- Bhartiya Nyaya Sanhita
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39328 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- KHAGAUL District- Patna
======================================================
1. Sunita Devi W/o Munna Ray Resident of - Anandpur , P.S - Bihta, District -
Patna Permanent resident of Bari Khagaul Nav Ratanpur, P.S - Khagaul,
District - Patna
2. Ramesh Kumar S/o Munna Ray R/o - Bari Khagaul Nav Ratanpur, P.S -
Khagaul, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sarita Devi W/o Uma Shankar Rai R/o Village - Bari Khagaul Navratanpur
Ward No. 10, P.S - Khagaul, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan, Adv.
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Khagaul P.S. Case No. 87 of 2026 dated
13.02.2026 registered for the offence punishable under Sections
126(2), 115(2), 109, 352, 35(1) and 3(5) of the Bhartiya Nyaya
Sanhita, 2023.
3. The prosecution case, in brief, is that on 12.02.2026 at
about 4:00 P.M., a dispute arose among family members over
partition of land and construction-related monetary transactions,
during which the accused allegedly abused and threatened the
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informant. Thereafter, at about 7:30 P.M., the petitioners along
with other accused persons and some unknown persons, armed
with lathi, danda and iron rod, assaulted the informant and her
son, causing head injuries.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. It is submitted that the incident has occurred due to
family dispute between both the parties. It is next submitted that
the Informant is the own sister of the petitioner no.1 and own
aunt of the petitioner no.2. It is further submitted that the
petitioner no.1 is a lady and the petitioner no.2 is a physically
disabled young person having 50% permanent disability and
there is no allegation of active participation as against the
petitioner no.2. So far as petitioner no.1 is concerned, the
allegation made against her is general and omnibus in nature.
Learned counsel for the petitioners by referring to the
statements made in this anticipatory bail application submits
that the injuries are simple in nature. Learned counsel for the
petitioners undertakes on behalf of the petitioners that the
petitioners will cooperate in the investigation and they will not
temper with the evidence, if enlarged on anticipatory bail.
Lastly, it is submitted that the petitioners bear no criminal
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antecedent.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the petitioners and
considering the allegation of assault made against the petitioners
being general and omnibus and the injuries having been found
to be simple in nature as also the petitioners having no criminal
antecedent, let the above named petitioners, be released on bail,
in the event of their arrest or surrender before the learned Court
below within a period of six weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-V, Danapur, Patna in
connection with Khagaul P.S. Case No. 87 of 2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit 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 their
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bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in 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 bonds;
(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 their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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