Patna High Court
Pawan Kumar @ Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered anticipatory bail for the petitioners subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, six residents of Laxminiya village, sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S., 2023 relating to alleged assaults and accusations of witchcraft. They contended that they have clean antecedents and that the informant had falsely implicated them, citing a prior case (Triveniganj P.S. Case No.354/2024) filed against the informant. The petitioners explained that a dispute over a passage led to mutual assaults, and the injuries reported by the informant were minor. The State opposed the bail, arguing the seriousness of the offences. After considering the submissions, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the alleged offences.
- Whether the allegations against the petitioners constitute a false implication warranting bail.
Legislation cited
Subjects
- anticipatory bail
- false implication
- assault
- witchcraft allegation
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81021 of 2025
Arising Out of PS. Case No.-346 Year-2024 Thana- TRIVENIGANJ District- Supaul
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1. Pawan Kumar @ Pawan Yadav S/O Sri Rameshwar Yadav R/O Village-
Laxminiya, Ward No. 8, P.O- Daprakha, P.S- Triveniganj, Distt.- Supaul.
2. Rameshwar Yadav S/O Late Ayodhi Yadav R/O Village- Laxminiya, Ward
No. 8, P.O- Daprakha, P.S- Triveniganj, Distt.- Supaul.
3. Sunita Devi W/O Sri Pravesh Kumar Yadav, D/O Sri Rameshwar Yadav R/O
Village- Laxminiya, Ward No. 8, P.O- Daprakha, P.S- Triveniganj, Distt.-
Supaul.
4. Ranju Devi D/O Sri Rameshwar Yadav R/O Village- Laxminiya, Ward No.
8, P.O- Daprakha, P.S- Triveniganj, Distt.- Supaul.
5. Sohagi Devi @ Sahyogiya Devi W/O Sri Rameshwar Yadav R/O Village-
Laxminiya, Ward No. 8, P.O- Daprakha, P.S- Triveniganj, Distt.- Supaul.
6. Puja Kumari D/O Smt. Ranju Devi, W/o Manish Kumar R/O Village-
Laxminiya, Ward No. 8, P.O- Daprakha, P.S- Triveniganj, Distt.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha
For the Opposite Party/s : Mr. Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioners Ms.
Dipika Singh and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 303(2), 74, 352, 351(2) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner
no.3, 4, 5 and 6 are women and the informant alleges that the
Patna High Court CR. MISC. No.81021 of 2025(2) dt.12-01-2026
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accused persons used to allege that she is a witch, further on
01.09.2024 the accused persons came to her house at 7 P.M. and
Pawan assaulted her by Kudal causing injury on her waist and
unveiled her while Sunita made her drink excreta and Puja
snatched her nose pin thereafter Ranju Devi assaulted Ravindra
by farsha causing injury on head and Puja snatched her mobile,
further Sohagi assaulted her mother-in-law by lathi causing
fracture of hand and Rameshwar assaulted Laltu by rod causing
fracture of hand.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from the side of
petitioners Triveniganj P.S. Case No.354/2024 has been
instituted against the informant and her side. It is further
submitted that on account of dispute relating to passage, an
altercation had taken place in which both side assaulted each
other. It is also submitted that in order to give seriousness to the
case, it is alleged that petitioners used to allege that informant is
a witch. It is also submitted that both side suffered injury and
from perusal of Annexure-3 series, it would manifest that the
injury suffered by the informant and her side have been opined
to be simple in nature. It is also submitted that petitioners are
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not criminal.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
anticipatory bail 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 trial court where the
case is pending/successor court in connection with Triveniganj
P.S. Case No.346/2024, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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