Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, residents of Ghasipakad, were named in FIR No. 328 of 2025 for alleged assault causing simple injury under several sections of the Bharatiya Nyaya Sanhita. They filed an application for anticipatory bail, claiming they were falsely implicated and that the victim’s injury was minor. The State opposed the bail, arguing the seriousness of the offences. The Court examined the nature of the injury and the petitioners’ criminal antecedents, noting that most had prior records but the alleged harm was simple. Considering these facts, the Court granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, invoking Section 438(2) of the CrPC and Section 482 of the BNSS. The order directed the petitioners to surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438(2) of the CrPC and Section 482 of the BNSS given the nature of the alleged offence
- Whether the simple nature of the victim’s injury warrants bail despite the petitioners’ criminal antecedents
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- simple injury
- false implication
- bail conditions
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89446 of 2025
Arising Out of PS. Case No.-328 Year-2025 Thana- CHAKIA District- East Champaran
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1. Anita Devi Wife of Sikindra Sah Resident of village- Ghasipakad, P.S.-
Chakia, District- East Champaran
2. Kishore Sah Son of Mahendra Sah Resident of village- Ghasipakad, P.S.-
Chakia, District- East Champaran
3. Anita Devi Wife of Kishore Sah Resident of village- Ghasipakad, P.S.-
Chakia, District- East Champaran
4. Sikandra Sah @ Sikindra Sah Son of Mahendra Sah Resident of village-
Ghasipakad, P.S.- Chakia, District- East Champaran
5. Binod Sah Son of Hiraman Sah Resident of village- Ghasipakad, P.S.-
Chakia, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Informant : Mr. Manu Kumar, Advocate
For the State : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners apprehends his arrest in connection
with Chakia P.S. Case No. 328 of 2025 registered for the offence
under Sections 115(2), 118(1), 126(2), 109, 303(2), 352, 351(2),
3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, petitioners and other
FIR named accused are alleged of assaulting the victim causing
simple injury.
Patna High Court CR. MISC. No.89446 of 2025(2) dt.04-02-2026
2/2
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that injury
sustained by the victim is simple in nature. Petitioner nos. 1, 2, 3
and 4 have one criminal antecedent and petitioner no. 5 have no
criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the aforesaid submissions and the fact
that the injury sustained by the victim is simple in nature, this
application is allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the concerned Court below within four
weeks from today, be released 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 the learned Judicial Magistrate-
1st Class, East Champaran, Motihari/ concerned Court below in
connection with Chakia P.S. Case No. 328 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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