Patna High Court
Devendra SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners, subject to bail bond and surety conditions and compliance with Section 482(2).
Summary
The petitioners, Devendra Sharma and Savita Devi, sought anticipatory bail fearing arrest in a case (Barhariya P.S. Case No.275 of 2025) filed under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners assaulted an informant with a bamboo stick and a knife during a land dispute. The petitioners contended they were falsely implicated, had clean antecedents, and were willing to cooperate with the investigation. The State opposed the bail application. After considering the submissions, the Court granted anticipatory bail, directing the petitioners to furnish bail bonds of Rs 10,000 each with two sureties, provided they are arrested or surrender within six weeks, and subject to the conditions of Section 482(2) of the Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(1), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- false implication
- land dispute
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77208 of 2025
Arising Out of PS. Case No.-275 Year-2025 Thana- BARHARIA District- Siwan
======================================================
1. Devendra Sharma S/o Ram Sagar Sharma, Resident of Vill.- Sundarpur,
P.S.- Barhariya, Dist.- Siwan.
2. Savita Devi W/o Ram Sagar Sharma, Resident of Vill.- Sundarpur, P.S.-
Barhariya, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate.
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Barhariya P.S. Case No.275 of 2025 instituted under
Sections 126(2), 115(1), 118(1), 303(2), 352, 351(2), 3(5) of the
B.N.S., 2023.
3. As per the prosecution case, it is stated by the
informant that his pattidar who is petitioner no.1 and his
mother, petitioner no.2 came at his door and started abusing due
to previous dispute. When he raised objection, petitioner no.1
assaulted him on his head with bamboo, thereafter petitioner
no.2 attacked with knife on him.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.77208 of 2025(3) dt.11-02-2026
2/2
case due to previous enmity. He further submits that the injury
to the injured is simple in nature. He also submits that both the
parties are pattidar and there is land dispute between them.
Learned counsel submits that there is no specific allegation
against the petitioners. He further submits that petitioners have
got clean antecedent and they undertake to cooperate in the
investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
learned A.C.J.M.-III, Siwan in connection with Barhariya P.S.
Case No.275 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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