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Patna High Court

Pravej Dewan @ Pravej SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted bail to petitioners 2, 4 and 7 but denied bail to petitioner 5, while allowing the withdrawal of the petitions of 1, 3 and 6.

Summary

The petitioners, a group of relatives, filed a pre‑arrest bail application in a case arising from an alleged assault and robbery during a land dispute. Petitioners 1, 3 and 6 withdrew their bail petitions, which the court permitted. The State opposed bail for petitioner 5, who is alleged to have stabbed the informant with a knife, while seeking bail for petitioners 2, 4 and 7, who are accused of assault and theft but claim clean antecedents. The court rejected bail for petitioner 5, finding the specific knife‑injury allegation serious, but granted bail to petitioners 2, 4 and 7 upon furnishing a bond of Rs 10,000 with two sureties each, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also recorded the withdrawal of the petitions of petitioners 1, 3 and 6.

Issues considered

  • Whether pre‑arrest bail should be granted to petitioner 5 accused of stabbing the informant.
  • Whether bail should be granted to petitioners 2, 4 and 7 despite allegations of assault in a land‑dispute context.
  • Whether petitioners 1, 3 and 6 may withdraw their bail petitions.

Legislation cited

Subjects

  • pre‑arrest bail
  • assault
  • knife injury
  • land dispute
  • Bharatiya Nagarik Suraksha Sanhita
  • section 482
  • criminal procedure

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.39693 of 2026
      Arising Out of PS. Case No.-197 Year-2026 Thana- MOTIHARI MUFASIL District- East
                                           Champaran
     ======================================================
1.    Pravej Dewan @ Pravej Sah Son of Mushlim Dewan @ Mushlim Resident

     of Village - Kataha Loknathpur, Ward no. 14, P.S. Muffasil, District- East

     Champaran, Motihari.
2.   Sabanam Khatoon @ Sabnam Begam wife of Pravej dewan @ Pravej Sah

     Resident of Village - Kataha Loknathpur, Ward no. 14, P.S. Muffasil,

     District- East Champaran, Motihari.
3.   Mushlim Dewan Son of Late Eshu Dewan Resident of Village - Kataha

     Loknathpur, Ward no. 14, P.S. Muffasil, District- East Champaran, Motihari.
4.   Kamru Nesha @ Kamrun Nisha Awani wife of Mushlim Dewan Resident of

     Village - Kataha Loknathpur, Ward no. 14, P.S. Muffasil, District- East

     Champaran, Motihari.
5.   Reyaz Dewan @ Seraj Sah Son of Abash Dewan @ Jalaluddin Resident of

     Village - Kataha Loknathpur, Ward no. 14, P.S. Muffasil, District- East

     Champaran, Motihari.
6.   Nsir Dewan Son of Eshrial Dewan Resident of Village - Kataha Loknathpur,

     Ward no. 14, P.S. Muffasil, District- East Champaran, Motihari.
7.   Naushad Dewan Son of Karmuddin Dewan Resident of Village - Kataha

     Loknathpur, Ward no. 14, P.S. Muffasil, District- East Champaran, Motihari.



                                                                     ... ... Petitioner/s
                                          Versus
     The State of Bihar Bihar



                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :      Mr. Rajesh Kumar, Advocate
     For the Opposite Party/s :      Mr. Shailendra Kumar, APP
     ======================================================
         Patna High Court CR. MISC. No.39693 of 2026(2) dt.24-06-2026
                                                     2/4




                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                    ORAL ORDER

2   24-06-2026                   At the outset, learned counsel for the petitioners seek

                   permission to withdraw the pre-arrest bail petition of petitioner

                   nos. 1, 3 and 6.

                                2. Permission is accorded.

                                3. This bail petition with respect to petitioner nos. 1, 3

                   and 6 is dismissed as withdrawn.

                                4. Heard learned counsel for the petitioner nos. 2, 4, 5

                   and 7 and the State .

                                5.. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 126 ( 2 ),

                   115 ( 2 ), 118(1), 109, 74, 352, 303 ( 2 ) and 3 (5) of BNS.

                                6. The case of the prosecution, in brief, is that on

                   21.03.2026 at about 5:00 PM, all named accused persons,

                   including the petitioners, arrived at the informant Nashima

                   Khatoon's doorstep and began abusing her. Upon her objection,

                   accused Reyaz Dewan allegedly inflicted a knife blow causing a

                   cut injury to her face, while both Reyaz and Pravej Dewan tore

                   her clothes, and Reyaz snatched a gold locket valued at

                   ₹60,000/- from her neck. Furthermore, when the informant’s

                   brother-in-law intervened, accused Pravej Dewan reportedly

                   struck him on the head with an iron rod, and as her husband and
Patna High Court CR. MISC. No.39693 of 2026(2) dt.24-06-2026
                                            3/4




          sister-in-law rushed to rescue them, all the accused persons

          jointly assaulted them, leading to the registration of the present

          FIR.

                       7. It is submitted on behalf of the petitioners that

          learned counsel for the petitioner submits that on account of

          land dispute maarpit took place in between the parties in which

          both sides inflicted injuries on each other. Case and counter

          case. Allegation of assault is general and omnibus against this

          petitioner. Petitioners claim clean antecedent.

                       8. Learned counsel for the State opposed the bail

          petition and submitted that there is specific allegation of assault

          against petitioner no. 5 (Reyaz Dewan @ Seraj Sah) who

          stabbed informant with knife.

                       9. Considering the nature of accusation, materials

          available on record and other circumstances of the case, prayer

          for pre-arrest bail with respect to petitioner no. 5 is rejected.

                       10. Considering the           backdrop of the case, clean

          antecedent of these petitioner nos. 2, 4 and 7 and other

          circumstances of the case , in the event of arrest or surrender

          within eight weeks from today, let the petitioner nos. 2, 4 and 7,

          as named above, be enlarged on bail on furnishing bail bond of

          Rs.10,000/-(ten thousand) each with two sureties of the like
          Patna High Court CR. MISC. No.39693 of 2026(2) dt.24-06-2026
                                                      4/4




                    amount each to the satisfaction of the learned C.J.M., Motihari,

                    East Champaran, in connection with Muffasil P.S. Case No. 197

                    of 2026 , subject to the conditions laid down under section 482 (

                    2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .



                                          (Prabhat Kumar Singh, J)
Koushik/Alok
Raj-

U     T


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