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Patna High Court

Yashodhara DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
  • B.N.S.S. — s. 482(2)

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
                                            2/3




          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
                                                         3/3




                       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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