Patna High Court
Anita @ Kavita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 117, 126(2), 303(2), 3(5), 352
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
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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
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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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