Patna High Court
Kavita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to payment of Rs.10,000 to the informant and specified bail conditions.
Summary
The petitioners, Kavita Devi and Jiwan Bishwas, sought anticipatory bail fearing arrest in a case (Kaswa P.S. Case No. 244 of 2025) involving alleged assault under Sections 126(2), 115(2), 117(2), 109 and 3(5) of the B.N.S. The informant, who is the brother of one petitioner, claimed a minor fencing dispute led to injuries, including a fractured index finger. The petitioners argued the injuries were minor, the FIR was exaggerated, and offered to pay Rs.10,000 to the informant for treatment. The State opposed the payment, emphasizing the seriousness of the injury. The Court, noting the petitioners have no prior criminal record and that one is a woman, granted anticipatory bail subject to a Rs.10,000 payment to the informant and several bail conditions, including sureties, appearance requirements, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault under the specified sections of the B.N.S.
- Whether the petitioners can be conditioned to pay a sum to the informant as part of bail
- Whether the nature of the injuries and the familial relationship affect the grant of bail
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 126(2), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- assault
- family dispute
- bail conditions
- payment to informant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90559 of 2025
Arising Out of PS. Case No.-244 Year-2025 Thana- KASBA District- Purnia
======================================================
1. Kavita Devi W/o Jiwan Bishwas R/O Vill.- Sadhuvaily, Ward no. 7, Banaili,
P.S.- Kasba, Dist.- Purnea.
2. Jiwan Bishwas S/o late Gopal Vishwas R/O Vill.- Sadhuvaily, Ward no. 7,
Banaili, P.S.- Kasba, Dist.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate
: Mr. Dheeraj Kumar, Advocate
For the State : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard Mr. Rabindra Kumar Priyadarshi,
learned counsel for the petitioner and learned APP
representing the State.
2. The petitioners are apprehending their arrest in
connection with Kaswa P.S. Case No. 244 of 2025 registered
for the offence under Sections 126(2), 115(2), 117(2), 109 and
3(5) of the B.N.S., lodged on 26.08.2025 by the informant,
Bambam Biswas.
3. As per the prosecution story, the informant
alleged that on the minor issue of fencing, the accused
resorted to assault/injuries both to him as also his wife, they
were taken for treatment to Primary Health Centre, Kaswa
Patna High Court CR. MISC. No.90559 of 2025(2) dt.15-01-2026
2/4
and then referred to Purnea. This led to the F.I.R.
4. Learned counsel for the petitioners submit that
both the informant and petitioner no.2 are own brothers,
minor scuffle took place, led to exaggerated F.I.R. Further,
injuries have been found to be simple in nature save and
except the index finger which got fractured. As the informant
is own brother of the petitioner no.2, without accepting the
allegation or outcome of the present petition, the petitioners
intend to pay Rs.10,000/- to the informant towards treatment
by Demand Draft issued by the local branch of the State Bank
of India/any Nationalized Bank to be submitted at the time of
execution of bail bond.
5. Learned APP opposes the prayer submitting that
index finger has been fractured.
6. An unfortunate incident has taken place, both the
brothers have taken their dispute on individual side which
resulted into the injuries/F.I.R.. These two petitioners have no
criminal antecedents, one of them is a lady, an undertaking
has been given that they shall be diligently appearing in trial,
in that background, this Court is inclined to extend them the
privilege of anticipatory bail subject to payment of
Rs.10,000/- to the informant as undertaken by the learned
Patna High Court CR. MISC. No.90559 of 2025(2) dt.15-01-2026
3/4
counsel for the petitioners through Demand Draft issued by
the local branch of the State Bank of India/any Nationalized
Bank to be submitted at the time of execution of the bail bond
before the Court and the same shall be handed over to the
informant after checking the credentials.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Purnea, in
connection with Kaswa P.S. Case No. 244 of 2025 subject to
the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card)
to show his/her bona fide;
(ii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.90559 of 2025(2) dt.15-01-2026
4/4
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
Checking your session…