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Patna High Court

Meena DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail was granted to the petitioners under Section 482(2) of the B.N.S. with specified bond and surety conditions.

Summary

The petitioners Meena Devi, Ajay Rai and Vinay Rai sought anticipatory bail after being implicated in a case under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) for alleged assault during a land dispute. The prosecution alleged that the petitioners, armed with lathi-danda, entered an informant's house, hurled abuses, and assaulted the informant's mother and brother, causing injuries including a serious head injury to Niranjan Kumar. The petitioners contended they were falsely implicated, that the allegations were vague, and highlighted that the dispute stemmed from a civil land conflict, with only Meena Devi having no prior criminal record. The State opposed the anticipatory bail, arguing the seriousness of the offences. Considering the facts, the court granted anticipatory bail subject to a Rs.10,000 bond per petitioner, two sureties, and conditions under Section 482(2) of the B.N.S., directing compliance within six weeks of arrest or surrender.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences.
  • Whether the allegations constitute cognizable offences warranting denial of bail.
  • Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • assault
  • land dispute
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87628 of 2025
                       Arising Out of PS. Case No.-1256 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
           1.     Meena Devi Wife of Chandeshwar Ray R/o Village - Pokhra, Mohalla -
                  Hajipur, P.S. - Hajipur Town, Dist. - Vaishali.
           2.    Ajay Rai @ Ajay Kumar Son of Chandeshwar Ray R/o Village - Pokhra,
                 Mohalla - Hajipur, P.S. - Hajipur Town, Dist. - Vaishali.
           3.    Vinay Rai @ Vinay Kumar Son of Chandeshwar Ray R/o Village - Pokhra,
                 Mohalla - Hajipur, P.S. - Hajipur Town, Dist. - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :        Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-01-2026             Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                            2. Petitioners apprehend their arrest in a case instituted

                   under Sections 126(2), 115(2), 118(1), 109, 76, 352, 351(2) and

                   3(5) of the B.N.S.

                             3. As per prosecution case, on the alleged date of

                   occurrence, the accused persons including petitioners having

                   armed with lathi-danda etc. entered the house of informant and

                   started hurling abuses on her. It is further alleged that when

                   mother and brother of informant came to rescue, the co-accused

                   Vinay Rai, Ajay Rai and Kamal Rai assaulted Niranjan Kumar
Patna High Court CR. MISC. No.87628 of 2025(2) dt.12-01-2026
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          with iron rod and lathi causing head injury to him. Petitioner

          no.1 Meena Devi is alleged to have assaulted the mother of

          informant.

                  4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in this

          case. Both parties are agnates and several civil suits are going

          on between them. The altercation took place due to land dispute

          between the parties on 06.10.2025 for which the husband of

          petitioner no.1 lodged F.I.R. on 07.10.2025 and the present case

          has been lodged for the same occurrence on 12.10.2025 by the

          prosecution side without any plausible explanation. The injured

          persons have got simple injury except the injured Niranjan

          Kumar. The allegation of assault is not specific rather it is

          general and omnibus. Petitioner no.1 has got no criminal

          antecedent, however, petitioner nos.2 and 3 have got two

          criminal antecedents which were filed by the prosecution side in

          which they are on bail. Petitioners undertake to cooperate in the

          investigation and trial.

                  5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                  6. Considering the facts and circumstances of the case and

          submissions of learned counsel for the parties, in the event of
               Patna High Court CR. MISC. No.87628 of 2025(2) dt.12-01-2026
                                                           3/3




                         arrest or surrender before the Court below within six weeks

                         from today, the petitioners be released on bail on furnishing bail

                         bonds of Rs.10,000/- (ten thousand) each with two sureties of

                         the like amount each to the satisfaction of learned Court

                         concerned in connection with Hajipur Town P.S. Case No.1256

                         of 2025, subject to the conditions as laid down in Section 482(2)

                         of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                 (Sunil Dutta Mishra, J)
harish/-

U          T


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