Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.S, 2023.
Summary
The petitioners, Sunita Devi and Sunil Kumar, were arrested in connection with a land‑dispute case (Gopalpur PS Case No. 171 of 2025) alleging offences under several sections of the Bihar Negotiable Substances Act, 2023. They claimed they were falsely implicated and that a counter‑case (Case No. 172 of 2025) had been filed by the opposite side. The petitioners asserted they had no prior criminal record and had not previously applied for anticipatory or regular bail. The State opposed the bail application. The High Court, considering the simple nature of the injury and the existence of a counter‑case, granted bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S, 2023, including cancellation of bail if criminal antecedents or false statements were discovered.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the B.N.S.S, 2023.
- Whether the petitioners have any undisclosed criminal antecedents that would preclude bail.
- Whether Section 482(2) of the B.N.S.S, 2023 can be invoked to conditionally enlarge bail.
Legislation cited
- B.N.S.S., 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351, 352, 482(2)
Subjects
- bail
- land dispute
- assault
- criminal antecedents
- Section 482
- Bihar High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4478 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
1. Sunita Devi Wife of Ramesh Chauhan, Resident of Village - Narharwan
Shukla, P.S. - Gopalpur, District - Gopalganj
2. Sunil Kumar @ Sunil Kumar Chauhan Son of Ramesh Chauhan, Resident of
Village - Narharwan Shukla, P.S. - Gopalpur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the State : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail, apprehending their arrest,
in connection with Gopalpur P.S. Case No. 171 of 2025, dated
28.06.2025, registered for the offences punishable under
Sections 126(2), 115(2), 109 (1), 351, 352, 303(2) and 3(5) of
BNS, 2023.
3. As per allegation, on account of some land dispute,
the accused persons assaulted the informant and other family
members.
4. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.4478 of 2026(2) dt.04-02-2026
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case. He further submits that as a matter of fact, on account of
some land dispute, altercation took place in which both sides got
injury leading to filing of case and counter case. The counter
case lodged by the petitioners’ side bears Gopalpur P.S. Case
No. 172 of 2025.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioners have no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioners for bail.
8. Considering the case and counter case between the
parties and nature of injury is simple in nature, this petition is
allowed, directing the petitioners, above-named, to be enlarged
on bail, in the event of their arrest or surrender before the court
below within a period of eight weeks from the date of receipt /
production of a copy of this order, on their furnishing bail bonds
in the sum of Rs. 10,000/- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
concerned Court below, in connection with Gopalpur P.S. Case
No. 171 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.4478 of 2026(2) dt.04-02-2026
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Section 482 (2) of the B.N.S.S, 2023, and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
ravishankar/-
U T
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