Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is to be granted to the petitioners subject to a bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Anita Devi and Saksham Kumar, sought bail after being implicated in a FIR alleging their involvement in a violent assault that resulted in the death of the informant's husband. The prosecution alleged that the petitioners, along with several co‑accused, attacked the husband, tied him, and inflicted grievous injuries, after which he later died in hospital. The petitioners contended that they were innocent, that the informant was not an eye‑witness, and that the complaint was motivated by a prior dispute involving the informant’s son. The court noted the petitioners' clean antecedent, the lack of direct evidence against them, and the possibility of false allegations, and applied Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Accordingly, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the usual conditions.
Issues considered
- Whether bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the nature of the accusations and their clean antecedent.
- Whether the FIR allegations against the petitioners are substantiated or constitute a false complaint.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 115(2), 126(2), 303(2), 3(5), 351(2), 482(2), 61(2), 76
Subjects
- bail
- criminal procedure
- false complaint
- clean antecedent
- Section 482
- BNSS
- Arms Act
- assault
- homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74564 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- LAUKAHI District- Madhubani
======================================================
1 . Anita Devi W/o Ravindra Chaudhary R/o Village- Mansapur, PS- Laukahi,
District- Madhubani
2. Saksham Kumar @ Saksham Chaudhary S/o- Ravindra Chaudhary R/o
Village- Mansapur, PS- Laukahi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Nirmala Kumari , APP
For informant : Mr. Binay Kumar , Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 16-01-2026 Heard learned counsel for the petitioners, informant
and the State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126(2),
115(2), 76, 303(2), 103(1), 351(2), 3(5), 61(2) of the BNS and
25(1-b)a/26/35 Arms Act.
3 . As per prosecution case, on 11.05.2025 at about
12.00 noon, when husband of the informant was going to his
newly constructed house from his old house on a bicycle
carrying some belongings, these petitioners along with other co-
accused persons namely Rupesh Chaudhary, Ravindra
Chaudhary Durganand Chaudhary @ Bhaglu Chaudhary, Raja
Patna High Court CR. MISC. No.74564 of 2025(3) dt.16-01-2026
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Chaudhary along with about five unknown persons intercepted
him, abused him, pushed him to the ground and dragged him to
the courtyard of Rupesh Chaudhary. They tied him with a rope
and assaulted him with iron rod, handle of kudali and farsa with
intent to kill, due to which he sustained grievous injuries on
both legs and spine and became unconscious. When informant
reached the place of occurrence on getting information, she was
also assaulted, dragged by her hair, pushed to the ground and
stripped by co-accused Rupesh Chaudhary and her gold
mangalsutra was also snatched. Accused persons planted pistol
and cartridge on her husband and falsely informed the police
that husband and wife had come to kill him (accused). Both the
injured were taken to PHC Laukahi for treatment from where
her husband was referred to DMCH Darbhanga where he
succumbed to injuries during treatment.
4. Learned counsel appearing for the petitioners
submitted that petitioners are innocent and have committed no
offence as alleged. From perusal of the FIR, it is clear that the
informant is not eye witness of the occurrence . As a matter of
fact, prior to this occurrence, son of informant kidnapped
daughter of co-accused Ravindra Chaudhary for which he has
lodged case against the informant and to save skin , informant
Patna High Court CR. MISC. No.74564 of 2025(3) dt.16-01-2026
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has lodged this case against these petitioners and his family
members with false allegation . Petitioner No. 1 is wife and
petitioner No. 2 is brother of co-accused Ravindra Chaudhary.
No specific allegation of assault is against these petitioners.
Petitioners claim clean antecedent.
5 . Learned counsel for the State as well as informant
opposed the bail petition .
6 Considering the nature of accusation, clean
antecedent of these petitioners and other circumstances of the
case , in the event of arrest or surrender within eight weeks from
today, let the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
ACJM Ist Jhanjharpur, District- Madhubani in connection with
Laukahi P.S. Case No. 95 of 2025 , subject to the conditions
laid down under section 482 ( 2 ) of the Bharatiya Nagarik
Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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