Patna High Court
Chinta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners subject to a bail bond and sureties.
Summary
The petitioners, five residents of Barhani Ke Tola, sought anticipatory bail fearing arrest in a case (Siwan Muffasil P.S. Case No.445 of 2025) filed under several sections of the B.N.S, 2023 relating to assault and related offences. The FIR alleged a scuffle over a land dispute, naming ten accused, but specific assault allegations were directed only at two other individuals, not the petitioners. The petitioners argued that the allegations against them were general and that the dispute was a case‑and‑counter‑case between patidars. The State opposed the bail. The court noted the absence of specific charges against the petitioners, the context of a land dispute, and the presence of a case‑and‑counter‑case, and therefore granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, under Section 438(2) of the CrPC and Section 482(2) of the B.N.S, 2023.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains only general allegations against the applicants.
- Whether the presence of a land dispute and case‑and‑counter‑case warrants relief under Section 438 CrPC.
- Whether Section 482(2) of the B.N.S, 2023 applies to stay the arrest of the petitioners.
Legislation cited
- B.N.S., 2023 — s. 109, 117(2), 118(1), 126(2), 152(2), 3(5), 351(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- general allegations
- Section 438 CrPC
- Section 482 B.N.S
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7512 of 2026
Arising Out of PS. Case No.-445 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
1. Chinta Devi W/o Surendra Yadav Resident of vill- Barhani Ke Tola, PS-
Muffasil, Dist- Siwan
2. Manjeet Yadav @ Manjeet Kumar S/o Kailash Yadav Resident of vill-
Barhani Ke Tola, PS- Muffasil, Dist- Siwan
3. Moti Lal Yadav S/o Late Khub Lal Yadav Resident of vill- Barhani Ke Tola,
PS- Muffasil, Dist- Siwan
4. Jay Ram Yadav @ Jai Ram Kumar S/o Moti Lal Yadav Resident of vill-
Barhani Ke Tola, PS- Muffasil, Dist- Siwan
5. Suganti Devi W/o Hulash Yadav Resident of vill- Barhani Ke Tola, PS-
Muffasil, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Kumar, Adv.
Mrs.Kumari Anupam, Adv.
For the Opposite Party/s : Mr.Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Siwan Muffasil P.S. Case no.445 of 2025
registered under sections 126(2), 152(2), 117(2), 118(1), 109,
351(2) and 3(5) of B.N.S, 2023.
3. Allegation in the F.I.R is that the informant, while
returning to his home, had scuffle with the accused persons
leading to injuries.
Patna High Court CR. MISC. No.7512 of 2026(2) dt.04-02-2026
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4. Learned counsel for the petitioners submits that
F.I.R itself would disclose that the same was lodged against ten
accused persons and so far as present petitioners are concerned,
there are general and omnibus allegations of assault whereas
allegations are specific only against other co-accused Rajan
Yadav and Raj Kumar Yadav. It is further submitted that parties
are patidars and there is admitted land dispute. There is case
and counter case. The petitioners undertake to co-operate in
case/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that scuffle took
place between the parties due to land dispute, coupled with the
fact that there are no specific allegation of assault against these
petitioners and there is case and counter case, it is directed that
the petitioners, above named, 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
Siwan Muffasil P.S. Case no.445 of 2025 on each of them
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.7512 of 2026(2) dt.04-02-2026
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learned Court concerned where the case is pending/successor
Court, 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.
(Soni Shrivastava, J)
Harsh/-
U T
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