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Patna High Court

Janki DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to a bail bond and conditions under Section 482 of the Bhartiya Nyaya Sanhita.

Summary

Janki Devi and Priti Devi, residents of Sagar Mathiya in East Champaran, applied for anticipatory bail fearing arrest in a criminal case (PS Case No. 233 of 2025) involving offences under Sections 126(2), 115(2), 118, 109(1), 303(2), 74 and 3(5) of the Bhartiya Nyaya Sanhita. The prosecution alleged a property dispute that escalated into a physical altercation (maarpit) resulting in simple injuries to both parties. The State opposed the bail, arguing the seriousness of the charges. The Court examined the nature of the injuries, the fact that the dispute was a mutual case‑and‑counter‑case, and applied its inherent powers under Section 482 of the B.N.S.S. to prevent abuse of process. It concluded that anticipatory bail was appropriate, subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions prescribed under Section 482. Consequently, the petitioners were granted anticipatory bail for a period of eight weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the provisions of the Bhartiya Nyaya Sanhita.
  • Whether the nature of the alleged offences and the injuries sustained justify denial of bail.
  • Whether the Court can exercise its inherent powers under Section 482 of the B.N.S.S. to grant bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • property dispute
  • Bhartiya Nyaya Sanhita
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76377 of 2025
                     Arising Out of PS. Case No.-233 Year-2025 Thana- PIPRA District- East Champaran
               ======================================================
           1 . Janki Devi Wife of Motilal paswan Resident of village- sagar Mathiya, Ps-
                Pipra, Dist- East Champaran
           2.    Priti Devi Wife of Dharmendra Paswan @ Laddu Resident of village- sagar
                 Mathiya, Ps- Pipra, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar , Advocate
                 For the Opposite Party/s :        Mrs. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                         Heard learned counsel for the petitioners and

                   learned A.P.P. for the State .

                                2. The petitioners apprehend his arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 118,

                   109(1), 303(2), 74 & 3(5) of the Bhartiya Nyaya Sanhita.

                                3 . As per the prosecution case , on account of

                   property dispute , Maarpit took place between the parties, in

                   which, both sides sustained injuries. Case and counter case .

                   Injuries, sustained by the injured, are simple in nature .

                                4. Learned A.P.P. for the State has opposed the prayer

                   for anticipatory bail.

                                5 . Considering the nature of injury, in the event of
            Patna High Court CR. MISC. No.76377 of 2025(2) dt.16-01-2026
                                                        2/2




                      arrest/surrender within a period of eight weeks from today, let

                      the above named petitioners 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 learned S.D.J.M.,

                      Sikarahana at Dhaka, East Champaran, Motihari in connection

                      with Pipra P.S. Case No. 233 of 2025 , subject to condition as

                      laid down under Section 482 of the B.N.S.S., 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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