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Patna High Court

SEEMA DEVI @ SIMA DEVIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted pre‑arrest bail to the petitioners, subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioners, three women from Juria village, applied for pre‑arrest bail in a case (Baheri P.S. Case No. 322/2025) alleging offences under several sections of the Bihar Negotiable Statutes (BNS) for an alleged assault motivated by a land dispute. They contended that they were falsely implicated and that the allegations were general and omnibus, with two of them having clean antecedents and one having a prior criminal case filed by the informant. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides and noting the existence of a case‑and‑counter‑case arising from a land dispute, the court held that the petitioners had made out a prima facie case for pre‑arrest bail. Accordingly, the court ordered their release on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS and verification of any other criminal antecedents.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the offences alleged under the BNS
  • Whether the existence of a land dispute and prior criminal antecedent of one petitioner affect the grant of bail

Legislation cited

Subjects

  • pre‑arrest bail
  • land dispute
  • criminal antecedent
  • Section 482
  • bail bond
  • case and counter case
  • offences under BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7003 of 2026
                      Arising Out of PS. Case No.-322 Year-2025 Thana- BAHERI District- Darbhanga
                 ======================================================
           1.     SEEMA DEVI @ SIMA DEVI W/O VINOD SINGH @ BINOD KUMAR
                  SINGH
           2.    Mikki Kumari @ Mikki Devi @ Miki Kumari W/o Jitendra Kumar Singh @
                 Jitendra Singh
           3.    Renu Devi W/o Santosh Kumar Singh @ Santosh Singh
                 All are R/o vill - Juria, P.O.- Bakmandar, P.S.- Baheri, Distt.- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   17-02-2026                    Heard Mr. Sanjay Kumar, learned counsel appearing

                   on behalf of the petitioners and Mr. Yogendra Kumar, learned

                   APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Baheri P.S. Case No. 322/2025 registered for the offence(s)

                   punishable under Sections 126(2), 115(2), 110, 118(2), 74,

                   351(1) and 3(5) of the BNS.

                                3. As per the allegation made in the FIR, the accused

                   persons named therein including the petitioners with an

                   intention to kill assaulted the informant and his family members,

                   causing injuries.
Patna High Court CR. MISC. No.7003 of 2026(2) dt.17-02-2026
                                            2/3




                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case due to land dispute.

          The entire family members including the female members have

          been made accused in the present case. There is general and

          omnibus allegation against the petitioners. There is case and

          counter case between the parties. Petitioners no. 1 and 3 have

          clean antecedent, whereas petitioner no.2 has one criminal

          antecedent and the same has been lodged on behalf of the

          informant’s side.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well, having perused the allegation made in the

          FIR     and also the fact that there is case and counter case

          between the parties, arising out land dispute,      I am of the

          opinion that petitioners have, prima facie, made out a case to be

          released on pre-arrest bail.

                       7. The petitioners, above named, are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-
           Patna High Court CR. MISC. No.7003 of 2026(2) dt.17-02-2026
                                                       3/3




                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned Additional Chief Judicial

                     Magistrate-III, Darbhanga / Concerned Court in connection with

                     Baheri P.S. Case No. 322/2025, subject to the conditions as laid

                     down under Section 482(2) of the BNSS.

                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioners and if it is found

                     that the petitioners are involved in some other cases, as

                     what has been stated in paragraph no.3 of the bail

                     application, this order will automatically lose its force.

                                  9. However, considering the nature of allegation, in

                     order to buy peace of mind, the parties may proceed to settle the

                     dispute amicably outside the Court.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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