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Patna High Court

Pawan Kumar @ Pawan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • B.N.S. — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
  • B.N.S.S. — s. 482(2)

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
                 ======================================================
           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
             Patna High Court CR. MISC. No.81021 of 2025(2) dt.12-01-2026
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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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