Patna High Court
SEEMA DEVI @ SIMA DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Statutes (BNS) — s. 110, 115(2), 118(2), 126(2), 3(5), 351(1), 74
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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