Patna High Court
Kamla DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 482(2) of the B.N.S.S.
Summary
The petitioners, five members of the Choudhary family, sought anticipatory bail fearing arrest in a case (Akbarpur PS Case No.351/2025) involving offences under Sections 126(2), 115(2), 117(2), 118(2), 109, 352, 351(2) and 3(5) of the B.N.S., 2023. The FIR alleged that the petitioners participated in a violent altercation stemming from a land dispute, with specific accusations of assault by petitioner No.5 and others, though the petitioners claimed the injuries were minor and the allegations were false. The petitioners argued that the FIR was a counter‑blast and that there was no specific allegation against petitioners No.1‑4. The State opposed the anticipatory bail. The Court, after considering the submissions and noting that the injuries were simple, ordered 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.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the FIR.
- Whether the FIR allegations constitute sufficient ground for arrest.
- Whether the alleged injuries are simple and the case is a counter‑blast arising from a land dispute.
Legislation cited
Subjects
- anticipatory bail
- false implication
- land dispute
- assault
- FIR
- Section 482
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86945 of 2025
Arising Out of PS. Case No.-351 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
1. Kamla Devi W/o-Lalo Choudhary Residence of At- Chunukdih, Kuhila,
P.S.- Akbarpur, Dist.- Nawada
2. Sumitra Devi W/o- Dilip Choudhary Residence of At- Chunujdih, Kuhila,
P.S.- Akbarpur, Dist.- Nawada
3. Lalita Devi W/o-Jitendra Choudhary Residence of At- Chunujdih, Kuhila,
P.S.- Akbarpur, Dist.- Nawada
4. Niranjan Choudhary S/O Balmiki Choudhary Residence of At- Chunujdih,
Kuhila, P.S.- Akbarpur, Dist.- Nawada
5. Lalo Choudhary S/O Late Tulsi Choudhary Residence of At- Chunujdih,
Kuhila, P.S.- Akbarpur, Dist.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Ranjan
For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioners 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), 117(2), 118(2), 109, 352, 351(2) and 3(5) of the B.N.S.,
2023.
3. Learned counsel for the petitioners submits that
petitioner no.1, 2, 3 and 4 are persons with clean antecedent and
petitioner no.5 has antecedent of one case and petitioner no.1, 2
Patna High Court CR. MISC. No.86945 of 2025(2) dt.10-03-2026
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and 3 are women and the informant alleges that while he was in
his field, when accused persons came at 12.10 P.M. on
22.08.2025 and Jitendra assaulted Surendra by lathi, causing
injury on head, thereafter Lalo (Petitioner no.5) and Birendra
assaulted the informant and Dinesh by lathi and also assaulted
by khanti causing injury on his back and Dinesh suffered injury
on head Dilip, Niranjan, Valmiki along with women accused
assaulted his son by lathi and brick causing injury on head and
Sunita gave order to kill him but when villagers gathered the
injured were sent to hospital.
4. Learned counsel submits that petitioners have been
falsely implicated in the instant case by the informant. It is next
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that no specific allegation of assault is
alleged against petitioner no.1, 2, 3 and 4, though petitioner no.5
along with Birendra is alleged to have assaulted informant and
Dinesh but then it is submitted that the injury suffered by the
injured has been opined to be simple in nature, as would
manifest from Annexure-2 series to the anticipatory bail
application. It is also submitted that there is admitted land
dispute in between the parties for which an altercation had taken
place in which both side assaulted each other and from side of
Patna High Court CR. MISC. No.86945 of 2025(2) dt.10-03-2026
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petitioners, Akbarpur P.S. Case No.350/2025 was instituted, as
such, the instant FIR is a counter blast.
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 and also taking into consideration the
fact that injury suffered by the injured has been opined to be
simple, the petitioners above-named, in the event of their arrest
or surrender 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
Akbarpur P.S. Case No.351/2025, 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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