Patna High Court
Meena DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2), 76
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
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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
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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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