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Patna High Court

Lalita Devi @ Lila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.

Summary

The petitioners applied for anticipatory bail after an FIR was lodged under Sections 126(2), 115(2), 74, 303(2), 109, 352 and 191(2) of the B.N.S. alleging assault, robbery and other offences arising from a land‑related dispute. The petitioners contended that the case was false, that the informant herself had instigated the altercation, and that the injuries alleged were minor. They also argued that a prior case against them had been filed by the same informant and that this did not make them criminals. The State opposed the grant of anticipatory bail, citing the seriousness of the charges. The Court, after considering the submissions, held that the petitioners could be released on anticipatory bail, subject to a bail bond of Rs 10,000 and two sureties, and conditioned on compliance with Section 482(2) of the B.N.S. The application was therefore allowed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite the serious nature of the offences alleged
  • Whether the allegations constitute a false or fabricated case arising from a land dispute
  • Whether the petitioners' prior antecedent affects the grant of anticipatory bail

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 191(2), 303(2), 352, 74

Subjects

  • anticipatory bail
  • criminal procedure
  • section 126
  • section 115
  • section 74
  • section 303
  • section 109
  • section 352
  • section 191
  • land dispute
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85627 of 2025
                  Arising Out of PS. Case No.-1454 Year-2024 Thana- MADHEPURA District- Madhepura
                 ======================================================
           1.     Lalita Devi @ Lila Devi W/o Gajendra Sah R/o Village - Manikpur, P.S -
                  Madhepura (Bharrahi O.P), District - Madhepura
           2.    Gajendra Sah S/o Late Pradhi Sah R/o Village - Manikpur, P.S - Madhepura
                 (Bharrahi O.P), District - Madhepura
           3.    Mamta Devi @ Mamta Kumari W/o Manish Kumar Sah R/o Village -
                 Manikpur, P.S - Madhepura (Bharrahi O.P), District - Madhepura
           4.    Gautam Kumar S/o Gajendra Sah R/o Village - Manikpur, P.S - Madhepura
                 (Bharrahi O.P), District - Madhepura
           5.    Arun Kumar S/o Lal Sah R/o Village - Manikpur, P.S - Madhepura (Bharrahi
                 O.P), District - Madhepura
           6.    Pravin Kumar @ Anshu Kumar S/o Lal Sah R/o Village - Manikpur, P.S -
                 Madhepura (Bharrahi O.P), District - Madhepura
           7.    Raju @ Rajan Swarnkar S/o Shyam Sundar Swarnkar R/o Village -
                 Madhepura (Bharrahi O.P), District - Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Nafisuzzoha
                                                Mr. Mirza Ahraz Baig
                 For the Opposite Party/s :     Mr. Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                   1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                 2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 126(2), 115(2), 74, 303(2), 109, 352, 191(2) of the

                   B.N.S.

                                 3. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.85627 of 2025(2) dt.02-02-2026
                                            2/3




          the petitioners have antecedent of one case, but then, the said

          case was instituted by the instant informant. It is further

          submitted that petitioner nos.1 and 3 are women and the

          informant alleges that named accused persons including the

          petitioners along with 3-4 unknown accused came and started

          abusing and Lila Devi assaulted her by dabiya causing injury on

          head, while Gajendra with spear and Gautam with rod and Raju

          with lathi assaulted causing injury on hand and accused

          snatched chain and took away cash.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case on

          account of dispute relating to land. It is next submitted that an

          altercation had taken place in which both sides assaulted each

          other. It is also submitted that though informant alleges that she

          was assaulted by the named accused persons, but then, injury

          suffered by the injured has been opined to be simple as would

          manifest from the order impugned. It is further submitted that

          since no occurrence as alleged took place, hence no case came

          to be instituted from the side of the petitioners. It is next

          submitted that no doubt, petitioners have antecedent, but then,

          the case was instituted by the instant informant, as such, it

          cannot be construed that petitioners are criminals.
               Patna High Court CR. MISC. No.85627 of 2025(2) dt.02-02-2026
                                                           3/3




                                      5. Learned A.P.P. opposes the anticipatory bail

                         application.

                                      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, are directed to be released on

                         anticipatory bail on their furnishing bail-bonds in the sum of Rs.

                         10,000/- (Rupees Ten Thousand) each 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

                         Madhepura (Bharrahi O.P.) P. S. Case No.1454 of 2024, subject

                         to the conditions laid down under Section 482(2) of the B.N.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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