Patna High Court
Anjali DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted bail to the petitioners subject to surrender within four weeks and a bond of ₹30,000 each.
Summary
The petitioners – Anjali Devi, Sunita Devi and Sanjula Devi – sought bail after an FIR was lodged on 24‑02‑2026 alleging offences under sections 126(2), 115(2), 109(1), 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 arising from a scuffle over the erection of a cement pillar for a boundary wall. The dispute involved a long‑standing land disagreement between co‑villagers, resulting in injuries to persons on both sides. The petitioners argued that there were counter‑claims and that they were willing to comply with any conditions, while the informant and the State opposed bail, citing specific assault allegations and the seriousness of the injuries. The Court noted the background of a land dispute and the mutual injuries, and applied the bail provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023. It ordered that the petitioners be released on bail upon surrender within four weeks and furnishing a bond of ₹30,000 each, subject to conditions under Section 2(1)(d) and Section 482(2) of the same Act. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether bail should be granted to the petitioners under the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the alleged offences and the land‑dispute context.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- land dispute
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- injury
- section 2(1)(d)
- section 482(2)
- section 126
- section 115
- section 109
- section 303
- section 352
- section 351
- section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42067 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
1. Anjali Devi S/o Ashok Pasean Village- Khawa, P. S. - Mednichowki,
District- Lakhisarai.
2. Sunita Devi W/o Vinod Paswan R/o Khawa, P.S. - Medinichowki, Dist. -
Lakhisarai.
3. Sanjula Devi @ Sanju Devi W/o Shrawan Paswan R/o Khawa, P.S. -
Medinichowki, Dist. - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Meena Singh, Advocate
For the informant : Mr. Md. Irshad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners, learned APP
for the State and learned Counsel for the informant.
2. The petitioners who apprehend arrest in connection
with Medinichowki P.S. Case No. 38 of 2026 lodged on
24.02.2026, for the offences punishable under sections 126(2),
115(2), 109(1), 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged
against four named accused persons including the petitioners.
The allegation against the petitioners is that in the background
of erecting cement pillar for creation of boundary wall, the
dispute has been arisen among co-villagers, informant and the
petitioners, wherein scuffling took place between them and the
Patna High Court CR. MISC. No.42067 of 2026(2) dt.01-07-2026
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people from both the sides got injured.
4. Learned counsel for the petitioners submits that for
the same date and place of occurrence, there is case and counter
case from both the sides. A bare perusal of both the FIRs, itself
suggest that the dispute has taken place in the background of
erecting cement pillar for construction of boundary wall on a
particular piece of land for which both the parties are claiming.
Counsel for the petitioners further submits that the antecedent of
the petitioners is not clean as against Petitioner No. 1 there are
four cases and Petitioner No. 2 there is one case, against
Petitioner No. 3 there are three cases and all the cases have been
lodged by the informant’s side only. The dispute is long pending
dispute. Learned Counsel for the petitioners further submits that
both the parties are co-villagers and the petitioners are ready to
fulfill all the conditions whatsoever shall be imposed upon them
in the event of granting bail.
5. Learned Counsel for the informant vehemently
opposes the prayer for bail and submits that there is specific
allegation of assault by the petitioners to the informant’s side
due to which grievous injuries have been caused. He further
submits that it is true that there is case and counter case between
the parties for the same date and place of occurrence in the
Patna High Court CR. MISC. No.42067 of 2026(2) dt.01-07-2026
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background of land dispute.
6. Learned APP for the State opposes the prayer for
bail and submits that both parties are resident of the same
village and in the background of erecting cement pillar, the
dispute has taken place which resulted into injuries from both
sides and there is case and counter case between the parties.
7. Considering the genesis of the dispute which is land
dispute, wherein, scuffling took place between the parties and
the people from both the sides have received injury, 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 learned Court of J.M-1st class, Lakhisarai, in
connection with the aforementioned case, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Manshi/Ashwini
U T
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