Patna High Court
Sunaina DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 127(2), 190, 191(2), 303(2), 351(2), 352, 76
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
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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
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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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