Patna High Court
Lalita Devi @ Lila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
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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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