Patna High Court
Pravej Dewan @ Pravej SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352, 482(2), 74
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
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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
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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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