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1924 DAILYLAW 1 (PAT)

Sita Devi v. The State of Bihar

CR. MISC./1924/2026 · 2026-02-23

Sandeep Kumar

body1924

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1924 of 2026 Arising Out of PS. Case No.-462 Year-2025 Thana- BAIRIYA District- West Champaran ====================================================== 1. Sita Devi Wife of Sanoj chaudhary @ Sanoj Kumar Resident Of Village- Baghi Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar 2. Lalsa Kumari Daughter of Surendra Chaudhary Resident Of Village- Baghi Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar 3. Sharda Kumari Daughter of Surendra Chaudhary Resident Of Village- Baghi Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar 4. Tufani Chaudhary son of Surendra Chaudhary Resident Of Village- Baghi Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar 5. Sanoj chaudhary @ Sanoj Kumar Son of Surendra chaudhary Resident Of Village- Baghi Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar 6. Nanhak chaudhary @ Chandra Kishor Kumar son of Surendra Chaudhary Resident Of Village- Baghi Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar 7. Surendra Chaudhary son of Late Laxman Chaudhary Resident Of Village- Baghi Ratanpur, P.s.- Bairiya, District- West Chamapran Bihar ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mayank Mohan For the Opposite Party/s : Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 6 23-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Bairiya P.S. Case No. 462 of 2025 registered for the offence Sections 132, 352, 351(2), 3(5) of the BNS. 3. Learned counsel for the petitioners, at the very outset, has produced the surrender certificate of petitioner no. 5 Patna High Court CR. MISC. No.1924 of 2026(6) dt.23-02-2026 2/3 and has prayed for withdrawal of this application filed on behalf of him as he has surrendered on 21.02.2026 in the Court of Judicial Magistrate, West Champaran, Bettiah and this application has become infructuous on his behalf. 4. Permission is accorded. 5. Accordingly, this application is dismissed with regard to petitioner no. 5. 6. The allegation against the petitioners is that when the police raided the house of the petitioners at around 11.55 P.M. for arresting the petitioner no. 5, petitioner no. 5 and other petitioners protested and because of the same, this case was lodged against them. 7. Considering the fact that the petitioner no. 1 to 4 and 6 to 7 are family members of petitioner no. 5 and the allegation against them is of protesting the raid of police at mid- night, this application is allowed. 8. Let the petitioner no. 1 to 4 and 6 to 7, above named, in the event of their arrest or surrender before the concerned Court below within four weeks from today, 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 the learned CJM, West Chamaparan, Patna High Court CR. MISC. No.1924 of 2026(6) dt.23-02-2026 3/3 Bettiah/concerned Court below in connection with Bairiya P.S. Case No. 462 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS. 9. The surrender certificate with regard to petitioner no. 5 produced by the learned counsel for the petitioners, is taken on record. Vikas/- (Sandeep Kumar, J) U