Patna High Court
Yashodhara DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Yashodhara Devi and Kumar Rahul, sought anticipatory bail after being implicated in a case (PS No. 50 of 2025) alleging assault, robbery, and other offences under several sections of the B.N.S. The prosecution alleged that the petitioners attacked an informant with a farsa and iron rod, stealing his gold chain and cash. The petitioners contended they were innocent, claiming the incident stemmed from a long‑standing land dispute that resulted in mutual injuries, and that the charges were exaggerated. The State and the informant opposed the bail application. Considering the nature of the injuries, the existence of a case‑and‑counter‑case, and the circumstances, the Court allowed anticipatory bail, directing that if arrested within eight weeks the petitioners be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the alleged offences under Sections 126(2), 115(2), 303(2), 109, 352, 351(2) and 3(5) of the B.N.S.
- Whether the nature of injuries and the existence of a land‑dispute‑related case‑and‑counter‑case justify the grant of bail
Legislation cited
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- assault
- theft
- land dispute
- Section 126
- Section 115
- Section 303
- Section 109
- Section 352
- Section 351
- Section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88065 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- KHIRHAR District- Madhubani
======================================================
1. Yashodhara Devi Wife of Sri Nand Kishore Choudhary Resident of village-
Dudaahi, Ps- Babubarahi, Dist- Madhubani
2. Kumar Rahul @ Rahul Kumar son of Sri Nand Kishore Choudhary Resident
of village- Dudaahi, Ps- Babubarahi, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Purushottam Kumar, Advocate
For the State : Ms. Sharda Kumari, APP
For the Informant : Mr. Alok Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 16-03-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 303(2), 109, 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that these
petitioners assaulted informant with farsa and iron rod and also
snatched his gold chain and cash.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.88065 of 2025(4) dt.16-03-2026
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behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Due to long standing land dispute
between the parties, maar-peet took place in which both sides
sustained injuries. There is case and counter-case. Doctor has
found the injuries, allegedly caused by these petitioners, simple
in nature. Rest of the allegations are ornamental in order to
make the case grave.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
case, case and counter-case and nature of injuries allegedly
caused by these petitioners, the prayer for grant of anticipatory
bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Sub-
Divisional Judicial Magistrate, Benipatti, District- Madhubani in
connection with Khirhar P.S. Case No. 50 of 2025, subject to
Patna High Court CR. MISC. No.88065 of 2025(4) dt.16-03-2026
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condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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