Patna High Court
Parwati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting bail subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Petitioner Parwati Devi applied for anticipatory bail in a case registered under Sections 319(2), 318(4), 338, 336(3) and 3(5) of the B.N.S., arising from a land dispute where the informant alleged looting of wheat crops. The petitioner argued that she has a clean antecedent, is a woman, and that the matter is essentially civil, with the criminal allegations being false and general. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, directed that the petitioner be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences and the nature of the dispute.
Legislation cited
Subjects
- anticipatory bail
- land dispute
- false implication
- Section 482
- bail conditions
- civil dispute criminal colour
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85105 of 2025
Arising Out of PS. Case No.-100 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Parwati Devi W/o Patel Singh Resident of Village - Sonvarsha, P.S -
Chautham, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Sections 319(2),318(4),338,336(3),3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is a woman
and from perusal of the allegation as alleged in the FIR, it would
manifest that the dispute is civil in nature to which a criminal
colour has been given. It is next submitted that the informant is
claiming that the land in dispute belongs to him while Hemraj
claimed that he purchased the land from Nawal Sah in the Year
1997 and in pursuance whereof, Jamabandi in the name of
Hemraj was created. Further, Ram Swaroop Singh is purchaser
Patna High Court CR. MISC. No.85105 of 2025(2) dt.06-02-2026
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of the land in dispute from Hemraj. It is further submitted that
as far as Bipin Singh is concerned, against him it is alleged that
he looted the wheat crop of the informant from the land in
dispute. It is also alleged that earlier Patel Singh had also looted
his wheat crop.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant being wife of Patel Singh. It is also submitted that
allegation against the petitioner is general and omnibus in
nature. It is also submitted that petitioner will not abscond rather
will cooperate in the investigation to prove her innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of her arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Chautham P. S.
Case No.100 of 2025, subject to the conditions laid down under
Patna High Court CR. MISC. No.85105 of 2025(2) dt.06-02-2026
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Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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