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2026 DAILYLAW 12341 (PAT)

Anita Devi v. The State of Bihar

CR. MISC./15632/2026 · 2026-03-12

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15632 of 2026 Arising Out of PS. Case No.-737 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== 1. Anita Devi W/O Nanak Kumar Singh R/O Vill.- Belwar, P.S.- Vaishali (Belsar O.P.), Dist.- Vaishali. 2. Vivek Kumar S/O Nanak Kumar Singh R/O Vill.- Belwar, P.S.- Vaishali (Belsar O.P.), Dist.- Vaishali. 3. Rohit Kumar S/O Nanak Kumar Singh R/O Vill.- Belwar, P.S.- Vaishali (Belsar O.P.), Dist.- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar, Adv. For the Opposite Party/s : Mr.Renuka Ratnakar(APP125) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 12-03-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending their arrest in connection with Vaishali P.S. Case No. 737 of 2025 dated 12.10.2025 for the offence punishable under sections 126(2), 115(2), 76, 74, 109(1), 303(2), 352, 351(2), 3(5) of the BNS lodged by the informant. 3. As per the prosecution case, the informant has alleged that while she was at home, her Bhainsur (elder brother- in-law), namely, Nanak Kumar Singh started abusing her in connection with land dispute and when she protested, she was badly assaulted and even outraged. When her husband came to Patna High Court CR. MISC. No.15632 of 2026(2) dt.12-03-2026 2/4 rescue her, he was also assaulted by him and other accused persons including these petitioners. The informant was also deprived of her valuables costing Rs. 85,000/-. Accordingly, the FIR. 4. Learned counsel for the petitioners submits that both the parties are agnates and there is a land dispute between them. It is further submitted that the specific allegation of overt- act is against the accused, Nanak Kumar Singh while the allegation against these petitioners are general and omnibus in nature and the injuries which are said to have been sustained by the informant and her husband are found to be simple in nature which can be inferred from the order impugned itself. Petitioners have got one antecedent i.e., Vaishali PS Case No. 444 of 2025 under Sections 126(2), 115(2), 352, 351(2), 3(5) of the BNS which is said to have been lodged by the informant’s family and they are on bail in the said case. 5. Learned APP opposes the prayer for anticipatory bail. 6. Considering the nature of injury being simple in nature and the specific allegation of overt-act is against one Nanak Kumar Singh, petitioners are aganates having land dispute between them, this Court is inclined to extend them the Patna High Court CR. MISC. No.15632 of 2026(2) dt.12-03-2026 3/4 privilege of anticipatory bail. 7. Let the petitioners, above named, be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with aforesaid PS Case, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide; (ii) the petitioner(s) 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/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to Patna High Court CR. MISC. No.15632 of 2026(2) dt.12-03-2026 4/4 take steps for cancellation of his/their bail bonds. perwez (Ajit Kumar, J) U T