Patna High Court
Khusbu Kumari @ Khusbu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner under Section 438 CrPC and Section 482(2) BNS, 2023.
Summary
The petitioner, Khusbu Kumari, applied for anticipatory bail in connection with a police case alleging assault and other offences arising from a land dispute with her neighbours. The FIR alleged that on 4 September 2025 the petitioner and others entered the informant's house, abused her and assaulted her and her two sons, causing simple injuries and a grievous injury to one son on a non‑vital part of the body. The petitioner argued that the dispute is a neighbour land conflict, that the case filed by her side is prior, and that the injuries are not severe. The court noted the neighbour dispute, the general nature of the allegations, the petitioner’s gender, and the fact that the only serious injury was to a non‑vital part, and therefore found no reason to deny bail. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS, 2023.
Issues considered
- What is the appropriate exercise of discretion under Section 438 CrPC and Section 482(2) BNS, 2023 in granting anticipatory bail to the petitioner?
- Do the facts and nature of the alleged offences justify denial of anticipatory bail?
Legislation cited
- BNS, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNS
- land dispute
- assault
- grievous injury
- neighbour dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9398 of 2026
Arising Out of PS. Case No.-338 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Khusbu Kumari @ Khusbu Devi W/o Shankar Malakar R/o Village- Dhepura,
Ward No.28, P.S- Dalsinghsarai, Dist- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar
For the Opposite Party/s : Mr. Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Dalsinghsarai Police Station Case No. 338 of 2025,
disclosing offences under Sections 126(2), 115(2), 109(1),
303(2), 3(5) of the BNS, 2023.
3. As per the FIR, on 04.09.2025, while the
informant was at her home, all of a sudden, the petitioner along
with other accused persons arrived there and started abusing,
and when objected, they assaulted the informant and her two
sons.
4. Learned counsel for the petitioner submits that
both the parties are neighbors having previous land dispute.
Case and counter case is there and the side of the petitioner has
Patna High Court CR. MISC. No.9398 of 2026(2) dt.12-03-2026
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filed Dalsinghsarai P.S. Case No. 337 of 2025 for an occurrence
which has taken place on the same date and time. The case
lodged by the petitioner's side is prior in time. The injuries
sustained by the victims are simple in nature except the injury
caused to Shivam Kumar who has received grievous injury on
his hand but not on the vital part of the body.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
both the parties are neighbors having land dispute, case and
counter case is there, the allegation against the petitioner is
general and omnibus in nature, the petitioner is a lady and injury
caused to the victims are simple in nature except one injury
which is on the non-vital part of the body, I am inclined to grant
the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-I, Dalsinghsarai, Samastipur, in connection with
Dalsinghsarai Police Station Case No. 338 of 2025, subject to
Patna High Court CR. MISC. No.9398 of 2026(2) dt.12-03-2026
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the condition laid down under Section 438 (2) of the Code of
Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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