Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, given the simple injuries, land‑dispute context, and FIR delay, anticipatory bail may be granted subject to prescribed conditions.
Summary
The petitioners, a family of four, sought anticipatory bail in a case registered under multiple sections of the B.N.S. alleging that they assaulted an informant during a land dispute. The prosecution alleged that the petitioners were armed and caused injuries, but the petitioners argued that the injuries were simple, caused by blunt objects, and occurred on non‑vital parts of the body. They also highlighted a five‑day delay in filing the FIR and the existence of a counter‑case arising from the land dispute. The court considered these facts, the nature of the injuries, and the delay, and held that anticipatory bail could be granted subject to conditions. Accordingly, the petitioners were released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, one of whom must be a close relative, and with a direction to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482(2) B.N.S. in view of the alleged offences.
- Whether the simple nature of injuries, the land‑dispute background, and the delay in lodging the FIR justify the grant of bail.
- Whether the petitioners pose a risk of evading trial or tampering with evidence.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Section 482
- land dispute
- simple injuries
- delay in FIR
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69782 of 2025
Arising Out of PS. Case No.-124 Year-2025 Thana- NAUTAN District- Siwan
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1. Sunita Devi D/O Ramakant Sharma, W/O Lalan Sharma Resident of
Laxmipur, Naya Tola, P.S- Town, Distt.- Siwan, Bihar.
2. Ramakant Sharma S/O Late Babulal Sharma R/O Village- Sujaw Tola,
Musahari, P.S- Nautan, Distt.- Siwan, Bihar.
3. Satendra Kumar Sharma @ Satendra Sharma S/O Ramakant Sharma R/O
Village- Sujaw Tola, Musahari, P.S- Nautan, Distt.- Siwan, Bihar.
4. Nagendra Kumar Sharma @ Nagendra Sharma S/O Ramakant Sharma R/O
Village- Sujaw Tola, Musahari, P.S- Nautan, Distt.- Siwan, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Abhigyan, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners and
learned A.P.P for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126 (2), 115(2), 118 (1), 109, 117 (2),
352, 3 (5) and 351 (2) of B.N.S.
3. As per the prosecution case, all the accused
persons who are the petitioners here came variously armed and
indulged in hurling abuses and assaulting the informant and
others.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.69782 of 2025(4) dt.21-01-2026
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although there are specific allegations of assault attributed to
these petitioners but the injury reports which are available in the
case diary would indicate that all these injuries are simple in
nature and caused by hard and blunt substance. The nature of
injury of Satrughan Sharma has been reserved but it appears that
the same is caused by hard and blunt object and that too on a
non-vital part of the body. It is further submitted that there is a
case and counter case between the parties arising out of a land
dispute. Furthermore, the F.I.R. itself has been lodged after a
delay of five days for which no explanation has been tendered.
5. The application for anticipatory bail is opposed
by learned A. P.P. for the State.
6. Taking into consideration the facts and
circumstances and also considering the fact that the nature of
injuries attributable to the petitioners, in the background of case
and counter case arising out of land dispute coupled with the
factum of delay, let the petitioners, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Nautan P.S. Case No. 124 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
Patna High Court CR. MISC. No.69782 of 2025(4) dt.21-01-2026
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where the case is pending subject to the condition laid down
under Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023, further subject to the following
condition(s):
(i) One of the bailors would be close relative/family
members of the petitioners.
(ii) The petitioners will cooperate in the investigation
and trial and in case of any act of non-cooperation, the prosecution
would be at liberty to move an application for cancellation of bail
bonds of the petitioners.
(Soni Shrivastava, J)
vashudha/-
U T
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