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Patna High Court

Sunaina DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, a group of twelve individuals from Chainpur village, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault with an iron rod. They claimed the allegations arose from a land dispute that led to a mutual altercation, asserting that the charges were general and omnibus. The State, represented by the Additional Public Prosecutor, opposed the bail. The Court examined the nature of the accusations, noting the existence of a case and counter‑case, and considered the seriousness of the offences. It granted anticipatory bail, directing that if arrested within eight weeks the petitioners could be released on bail bonds of Rs. 10,000 with two sureties each, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the listed offences of the Bharatiya Nyaya Sanhita
  • Whether the existence of a case and counter‑case justifies the grant of anticipatory bail
  • Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita may be imposed

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • land dispute
  • assault
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.895 of 2026
                      Arising Out of PS. Case No.-279 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
           1.     Sunaina Devi Son of Jagdish Paswan Residetn of Village - Chainpur, P.S. -
                  Turkauliya, District - East Champaran Mothari.
           2.    Rajkumari Devi W/o Moti Paswan @ Motilal Paswan Residetn of Village -
                 Chainpur, P.S. - Turkauliya, District - East Champaran Mothari.
           3.    Puran Paswan @ Puran Ram Son of Late Rojhan Paswan Residetn of Village
                 - Chainpur, P.S. - Turkauliya, District - East Champaran Mothari.
           4.    Babulal Paswan Son of Late Ramchandra Paswan Residetn of Village -
                 Chainpur, P.S. - Turkauliya, District - East Champaran Mothari.
           5.    Sobha Devi Wife of Babulal Paswan Residetn of Village - Chainpur, P.S. -
                 Turkauliya, District - East Champaran Mothari.
           6.    Saheb Paswan @ Rajendra Paswan Son of Late Bhawan Paswan Residetn of
                 Village - Chainpur, P.S. - Turkauliya, District - East Champaran Mothari.
           7.    Rambabu Paswan Son of Late Yogendra Paswan Residetn of Village -
                 Chainpur, P.S. - Turkauliya, District - East Champaran Mothari.
           8.    Santosh Paswan @ Ravi Kishan Kumar @ Santosh Kumar Son of Babulal
                 Paswan Residetn of Village - Chainpur, P.S. - Turkauliya, District - East
                 Champaran Mothari.
           9.    Madan Paswan Son of Late Shiv Hazara Residetn of Village - Chainpur, P.S.
                 - Turkauliya, District - East Champaran Mothari.
           10. Satendra Paswan @ Satendra Kumar Son of Late Jagdish Paswan Residetn
               of Village - Chainpur, P.S. - Turkauliya, District - East Champaran Mothari.
           11. Jitendra Paswan Son of Jagdish Paswan Residetn of Village - Chainpur, P.S.
               - Turkauliya, District - East Champaran Mothari.
           12. Satrudhan Paswan Son of Late Bindeshwari Paswan Residetn of Village -
               Chainpur, P.S. - Turkauliya, District - East Champaran Mothari.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhandev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, Addl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                     Heard learned counsel for the petitioners and
Patna High Court CR. MISC. No.895 of 2026(2) dt.21-01-2026
                                            2/3




          learned A.P.P. for the State.

                       2. Petitioners apprehend arrest in a case registered for

          the offences punishable under Sections 126(2), 127(2), 115(2),

          117(2), 118(1), 109, 352, 351(2), 190, 191(2), 76 and 303(2) of

          the Bharatiya Nyaya Sanhita.

                       3. As per F.I.R., these petitioners assaulted informant

          and her family members by means of iron rod.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence. As a

          matter of fact, on account of land dispute, altercation took place

          between the parties in which both sides sustained injuries. Case

          and counter case. Allegation of assault against petitioners is

          general and omnibus.

                       5. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       6. Considering the nature of accusation, case and

          counter case, this anticipatory bail is allowed and it is ordered

          that let the above named petitioners in the event of their

          arrest/surrender before the court below within a period of eight

          weeks from today, be enlarged 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 Additional Sessions
              Patna High Court CR. MISC. No.895 of 2026(2) dt.21-01-2026
                                                          3/3




                        Judge-20,        Motihari, East Champaran in connection with

                        Turkauliya P. S. Case No. 279 of 2025, subject to condition as

                        laid down under Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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