Patna High Court
Janki DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 118, 126(2), 303(2), 3(5), 482, 74
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
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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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