Patna High Court

Vibha DeviversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: ALOK KUMAR SINHA

Holding

The Court refused to grant anticipatory bail to the petitioners.

Summary

Vibha Devi and Raj Kishor Yadav applied for anticipatory bail in a case (PS Case No. 198 of 2025) alleging offences under Sections 126(2), 115(2), 118(1), 74 and 110 of the Bihar Negotiable Instruments Act, 2023. The prosecution, based on the informant Anil Yadav’s statement, claimed that the petitioners assaulted the informant with a farsa, causing head injury, and also assaulted his wife Rita Devi with a club. The petitioners contended that they have clean antecedents and that the allegations are fabricated, arising from village politics. The State opposed the bail, emphasizing the specific allegation of assault with a sharp weapon and the seriousness of the injuries. Considering the nature of the alleged assault and the injury described in the case diary, the Court declined to grant anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioners in view of the alleged assault with a sharp weapon.
Whether the seriousness of the alleged offences under the Bihar Negotiable Instruments Act, 2023, warrants denial of bail.

Subjects

anticipatory bail
assault
sharp weapon
false implication
village politics
Bihar Negotiable Instruments Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91427 of 2025
                      Arising Out of PS. Case No.-198 Year-2025 Thana- RAHIKA District- Madhubani
                 ======================================================
           1.     Vibha Devi W/o Raj Kishor Yadav Resident of village- Satlakha, Ward No
                  11, Ps- Rahika, District- Madhubani
           2.    Raj Kishor Yadav S/o Late Mishri Yadav Resident of village- Satlakha, Ward
                 No 11, Ps- Rahika, District- Madhubani

                                                                                   ... ... Petitioners
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailendra Kumar Jha, Advocate
                 For the informant        :       Ms. Nitu Kumari, Advocate
                 For the Opposite Party/s :       Ms. Asha Devi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Rahika P.S. Case No. 198 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 118(1), 74

                   and 110 of BNS, 2023.

                                3. The case of the prosecution, as per fardbeyan of

                   informant Anil Yadav, is that on 11.08.2025 at about 20:25

                   hours, he was at his home and went to his brother to ask for a

                   share in his ancestral land. Thereafter, his brother Raj Kishor

                   Yadav (petitioner) and sister-in-law Vibha Devi (petitioner) told

                   the informant that there is no share of him and when he told the
Patna High Court CR. MISC. No.91427 of 2025(2) dt.15-01-2026
                                            2/3




          petitioners that he will call a panchayat for partition,

          petitioner/accused Raj Kishor Yadav assaulted him repeatedly

          by means of farsa on his head due to which he sustained head

          injury. When Rita Devi wife of the informant came to save him,

          then petitioner/accused Raj Kishore Yadav pushed her down and

          petitioner/accused Vibha Devi assaulted her by means of club.

                       4. Learned counsel for the petitioners submits that the

          petitioners are persons with clean antecedent. The entire

          prosecution story is false, fabricated and concocted. Learned

          counsel for the petitioner submits that no occurrence as alleged

          has ever taken place rather it was prosecution party who have

          committed offence with the petitioners. It is further submitted

          that petitioners have been falsely implicated in the present case

          due to dirty village politics.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. Considering the fact that there is a specific

          allegation of assault by means of farsa and club against the

          petitioners and also given the fact that the learned court below

          has taken note of paragraph no. 33 of the case diary in which the

          nature of injury has been shown to be injurious to life caused by

          sharp weapon. Under these circumstances, the Court is not
          Patna High Court CR. MISC. No.91427 of 2025(2) dt.15-01-2026
                                                      3/3




                    inclined to grant anticipatory bail to the petitioners.



                                             (Alok Kumar Sinha, J)
Gaurav Sinha/-

U

Continue reading with your account

Checking your session…