Patna High Court
Gita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, a group of relatives from Jagdishpur village, applied for anticipatory bail in a case (Raghopur Police Station Case No. 241 of 2025) alleging they assaulted an informant, caused head injuries, and looted ornaments and cash. The prosecution alleged offences under several sections of the Bihar Non‑Criminal Substances Act, 2023, and the informant’s injuries were recorded. The petitioners contended they were falsely implicated due to a land dispute with the informant and that the injuries were simple. The court noted the familial land dispute, the simple nature of the injuries, and the possibility of false implication. Accordingly, the court exercised its power under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, and granted anticipatory bail subject to a bond and sureties. The application was allowed, releasing the petitioners on bail if arrested within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious allegations under the BNSS, 2023.
- Whether the alleged injuries being simple and the existence of a land dispute justify bail.
- Whether Section 438 CrPC and Section 482(2) BNSS, 2023 empower the court to release the petitioners on anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- assault
- robbery
- simple injuries
- Section 438 CrPC
- Section 482 BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89194 of 2025
Arising Out of PS. Case No.-241 Year-2025 Thana- RAGHOPUR District- Vaishali
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1. Gita Devi Wife of Rampravesh Rai Resident of village - Jagdishpur, P.S.-
Raghopur, District - Vaishali.
2. Ravish Kumar Son of Rampravesh Rai Resident of village - Jagdishpur,
P.S.- Raghopur, District - Vaishali.
3. Abha Devi Wife of Amarjeet Rai Resident of village - Jagdishpur, P.S.-
Raghopur, District - Vaishali.
4. Arti Devi Wife of Dilip Rai Resident of village - Jagdishpur, P.S.- Raghopur,
District - Vaishali.
5. Ramanand Rai Son of Late Harinandan Rai Resident of village - Jagdishpur,
P.S.- Raghopur, District - Vaishali.
6. Priyanka Kumari Daughter of Ramjinish Rai Resident of village -
Jagdishpur, P.S.- Raghopur, District - Vaishali.
7. Amarjeet Rai Son of Asarfi Rai Resident of village - Mohanpur, P.S.-
Raghopur, District - Vaishali.
8. Sushil Kumar Son of Asarfi Rai Resident of village - Mohanpur, P.S.-
Raghopur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Adv.
For the Opposite Party/s : Mr. Jai Narain Thakur, App.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Raghopur Police Station Case No. 241 of 2025,
disclosing offences under Sections 126(2), 115(2), 117(2),
117(4), 109, 303(2), 352, 3(5) of the BNS, 2023.
3. As per the prosecution case, on 02.09.2025 at
about 3:00 P.M., the F.I.R.-named accused persons, including
Patna High Court CR. MISC. No.89194 of 2025(2) dt.15-01-2026
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the petitioners, along with some unknown persons, allegedly
came armed to the informant’s house and assaulted him, causing
head injuries. On intervention by family members, including
women and children, they were also allegedly assaulted. It is
further alleged that the accused looted ornaments and cash and
thereafter fled from the place of occurrence after threatening
them. The informant was initially taken to the Primary Health
Centre and subsequently referred to NMCH, Patna, for
treatment.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
the present case due to malice and grudge arising out of an
existing land dispute between the parties, who are agnates. He
next submits that no such occurrence as alleged in the F.I.R.
took place and that the present case is a counterblast to
Raghopur P.S. Case No. 242/2025 lodged by the co-accused
against the present informant and his family members regarding
the same incident. He further submits that the informant
instituted the present case only to save himself and his family
members and to give a criminal colour to the existing land
dispute between the parties. It is also stated that the injuries
allegedly sustained by the informant and Renu Devi are simple
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in nature, as opined by the doctor.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
both the parties are agnates having land dispute and injuries
caused to the informant and one Renu Devi are simple in nature,
I am inclined to grant the petitioners privilege of anticipatory
bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-XV, Vaishali at Hajipur, in connection with
Raghopur Police Station Case No. 241 of 2025, subject to the
condition laid down under Section 438 (2) of the Code of
Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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