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2025 DAILYLAW 1972 (PAT)

Kamla Devi v. The State of Bihar

CR. MISC./86945/2025 · 2026-03-10

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86945 of 2025 Arising Out of PS. Case No.-351 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== 1. Kamla Devi W/o-Lalo Choudhary Residence of At- Chunukdih, Kuhila, P.S.- Akbarpur, Dist.- Nawada 2. Sumitra Devi W/o- Dilip Choudhary Residence of At- Chunujdih, Kuhila, P.S.- Akbarpur, Dist.- Nawada 3. Lalita Devi W/o-Jitendra Choudhary Residence of At- Chunujdih, Kuhila, P.S.- Akbarpur, Dist.- Nawada 4. Niranjan Choudhary S/O Balmiki Choudhary Residence of At- Chunujdih, Kuhila, P.S.- Akbarpur, Dist.- Nawada 5. Lalo Choudhary S/O Late Tulsi Choudhary Residence of At- Chunujdih, Kuhila, P.S.- Akbarpur, Dist.- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Ranjan For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 10-03-2026 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 118(2), 109, 352, 351(2) and 3(5) of the B.N.S., 2023. 3. Learned counsel for the petitioners submits that petitioner no.1, 2, 3 and 4 are persons with clean antecedent and petitioner no.5 has antecedent of one case and petitioner no.1, 2 Patna High Court CR. MISC. No.86945 of 2025(2) dt.10-03-2026 2/3 and 3 are women and the informant alleges that while he was in his field, when accused persons came at 12.10 P.M. on 22.08.2025 and Jitendra assaulted Surendra by lathi, causing injury on head, thereafter Lalo (Petitioner no.5) and Birendra assaulted the informant and Dinesh by lathi and also assaulted by khanti causing injury on his back and Dinesh suffered injury on head Dilip, Niranjan, Valmiki along with women accused assaulted his son by lathi and brick causing injury on head and Sunita gave order to kill him but when villagers gathered the injured were sent to hospital. 4. Learned counsel submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against petitioner no.1, 2, 3 and 4, though petitioner no.5 along with Birendra is alleged to have assaulted informant and Dinesh but then it is submitted that the injury suffered by the injured has been opined to be simple in nature, as would manifest from Annexure-2 series to the anticipatory bail application. It is also submitted that there is admitted land dispute in between the parties for which an altercation had taken place in which both side assaulted each other and from side of Patna High Court CR. MISC. No.86945 of 2025(2) dt.10-03-2026 3/3 petitioners, Akbarpur P.S. Case No.350/2025 was instituted, as such, the instant FIR is a counter blast. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6. Considering the submissions made by the learned counsel for the petitioners and also taking into consideration the fact that injury suffered by the injured has been opined to be simple, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Akbarpur P.S. Case No.351/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. amit/- (Satyavrat Verma, J) U T