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Patna High Court

Anita @ Kavita DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Anita @ Kavita Devi, Mantun Sada, Lila Devi and Baua Sada, applied for bail fearing arrest in a case registered under Sections 126(2), 115(2), 352, 117, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioners assaulted an informant and his family during a land‑related dispute, causing injuries. The petitioners contended that they were falsely implicated, that the altercation was a mutual fight over land, that they have no prior criminal record and are willing to cooperate with the investigation. The State opposed the bail application. After considering the facts, the court ordered that the petitioners be released on bail, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • What is the appropriateness of granting bail to the petitioners under Sections 126(2), 115(2), 352, 117, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita?
  • Do the circumstances of a land‑related fight and lack of prior criminal record justify bail despite the seriousness of the alleged offences?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • land dispute
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79381 of 2025
                      Arising Out of PS. Case No.-167 Year-2025 Thana- BAKHARI District- Begusarai
                 ======================================================
           1.     Anita @ Kavita Devi W/O Raj Kumar Sada R/o Village- Lauche. Ward
                  No.08, P.S - Bakhari, District - Begusarai
           2.    Mantun Sada S/O Late Bhadai Sada R/o Village- Lauche. Ward No.08, P.S -
                 Bakhari, District - Begusarai
           3.    Lila Devi W/O Mantun Sada R/o Village- Lauche. Ward No.08, P.S -
                 Bakhari, District - Begusarai
           4.    Baua Sada S/O Mantun Sada R/o Village- Lauche. Ward No.08, P.S -
                 Bakhari, District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Yogesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-01-2026                        Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 126(2), 115(2), 352, 117, 303(2) and

                   3(5) of Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, all the accused persons

                   including the petitioners abused and assaulted the informant and

                   his family members due to which they sustained injuries.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in the
            Patna High Court CR. MISC. No.79381 of 2025(2) dt.05-01-2026
                                                        2/2




                      present case.. Further submission is that due to land dispute

                      between the parties, a free fight took place between them in

                      which both sides sustained injuries. There is case and counter

                      case between the parties. The injuries to the injured is simple in

                      nature. Petitioners have no criminal antecedent. They undertake

                      to cooperate in the investigation and trial.

                                      5. Learned A.P.P. appearing on behalf of the State

                      opposed the bail application.

                                      6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the parties,

                      let the above named petitioners be released on bail, in the event

                      of arrest or surrender before the learned court below within a

                      period of six weeks from today, on furnishing bail bonds of

                      Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                      the like amount each to the satisfaction of learned learned Chief

                      Judicial Magistrate, Begusarai in connection with Bakhari P.S.

                      Case No. 167 of 2025, subject to the conditions as laid down

                      under Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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