Patna High Court
Kavita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, directing release upon bail bond and sureties subject to Section 482(2) conditions.
Summary
The petitioners—Kavita Devi, Tapeshwar Ram and Roshan Ram—applied for anticipatory bail in a case registered under multiple sections of the B.N.S., alleging that they were falsely implicated by an informant with whom they have a property dispute. The informant claimed that on 7 September 2025 the petitioners assaulted him, causing injuries, and that some of the accused even attempted to kill him. The petitioners contended that the injuries were minor, the allegations of stabbing were exaggerated, and they have clean antecedents. The State opposed the bail. After considering the submissions, the Court directed that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the B.N.S.S., and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious allegations under Sections 191, 109, 329, 126, 115, 351, 352, 118, and 190 of the B.N.S.
- Whether the petitioners were falsely implicated due to a property dispute with the informant
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 329, 351(2), 352, 482(2)
Subjects
- anticipatory bail
- false implication
- property dispute
- assault
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85841 of 2025
Arising Out of PS. Case No.-388 Year-2025 Thana- KHAIRA District- Jamui
======================================================
1. Kavita Devi W/O Tapeshwar Ram R/O Village- Dharampur, P.S- Khaira,
Distt.- Jamui.
2. Tapeshwar Ram S/O Rajendra Ram R/O Village- Dharampur, P.S- Khaira,
Distt.- Jamui.
3. Roshan Ram @ Rosan Ram S/O Tapeshwar Ram R/O Village- Dharampur,
P.S- Khaira, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Parasar
For the Opposite Party/s : Mr.Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 191(2), 191(3), 109(1), 329, 126(2), 115(2), 351(2),
352, 118(1), 190 of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and petitioner
no.1 is a woman and the informant alleges that on 07.09.2025 at
9.00 P.M., the accused persons came and started abusing. On
objection, Tapeshwar instigated the accused to kill him on
Patna High Court CR. MISC. No.85841 of 2025(2) dt.03-02-2026
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which Subhash assaulted him by tangi causing injury on head,
thereafter Tintu stabbed him causing injury on stomach. Further,
Raushan and Mantu assaulted him by rod causing injury on
hand and leg, while petitioner no.1 along with other women
accused also assaulted him.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that petitioners and informant
are agnates and are having dispute relating to property. It is
further submitted that on the date of occurrence, an altercation
had taken place in which both sides assaulted each other. It is
next submitted that no doubt, it is alleged that Subhash and
Tinku assaulted him by tangi on stomach, but then, from perusal
of the injury report annexed as Annexure-2 series page 19 of the
anticipatory bail application, it would manifest that the injuries
have been found to be simple and no incised wound have been
found, as such, allegation of stabbing is exaggerated. It is also
submitted that one injury is opined to be grievous, but then, the
same is pain and swelling in left shoulder and upper arm. It is
also submitted that petitioners are not criminals.
5. Learned A.P.P. opposes the anticipatory bail
application.
Patna High Court CR. MISC. No.85841 of 2025(2) dt.03-02-2026
3/3
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
Khaira P. S. Case No.388 of 2025, subject to the conditions laid
down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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