IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17675 of 2026 Arising Out of PS. Case No.-30 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1. Nagina Sah S/O Late Bodha Sah @ Yodha Sah R/O vill.- Bangari Phulawaria, P.O.- Bangari, P.S.- Pipra Kothi, District- East Champaran, Motihari 2. Anil Sah S/O Nagina Sah R/O vill.- Bangari Phulawaria, P.O.- Bangari, P.S.- Pipra Kothi, District- East Champaran, Motihari 3. Pinki Devi @ Pinki Kumari W/O Kundan Sah R/O vill.- Bangari Phulawaria, P.O.- Bangari, P.S.- Pipra Kothi, District- East Champaran, Motihari ... ... Petitioner/s Versus The State of Bihar .. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar, Adv. For the Opposite Party/s : Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 25-03-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2. The petitioners are apprehending their arrest in connection with Pipra Kothi P.S. Case No. 30 of 2025 for the offence punishable under sections 126, 115(2), 117(2), 76, 303(2),110, 352, 351(2), 3(5) and section 109 of the BNS lodged on 27.01.2025 by the informant. 3. As per the prosecution case, the informant Rahul Kumar Sah on 25.01.2025 at about 07:30 AM, went to his agricultural land to see mustard crop, he noticed that someone had damaged his crops. Thereafter, he was fencing his field to get it protected. At that time, Nagina Sah (petitioner no.1) came there and said that if the informant wanted to cultivate his land, he would have to pay Rs. 10,00,000/- as extortion money. Informant replied that the land belonged to him and questioned Patna High Court CR. MISC. No.17675 of 2026(2) dt.25-03-2026 2/4 as to why he should pay anything. This infuriated Nagina Sah who shouted and called the persons namely, Anil Sah (petitioner no.2), Kundan Sah, Nitesh Sah, Ritesh Kumar, Mira Devi, Pinki Devi (petitioner no.3) and Prabhawati Devi. All of them, who had come armed with lathis, farsa, teguni, kudal, and iron rod, on the order of petitioner no.1 started to assault him. It is further alleged that the informant was also deprived of valuables and cash amounting to Rs. 1,10,000/- Accordingly, the FIR. 4. Learned counsel for the petitioners submits that the petitioners have not committed any offence as alleged in the FIR, they have falsely been implicated in this case due to dirty village politics and also due to land dispute between the parties. Actually, the informant has filed the present case in order to save his skin from a case bearing Piprakothi PS case No. 31 of 2025 having been lodged on 27.01.2025 itself by one of the co- accused of the present case namely, Prabhawati Devi who has been allowed anticipatory bail by the learned trial court itself which would be evident from the order impugned dated 31.01.2026. It has next been submitted that there is case and counter case between the parties and both sides have sustained injuries. Allegations against the petitioner are general and omnibus and the injuries sustained by the informant has been Patna High Court CR. MISC. No.17675 of 2026(2) dt.25-03-2026 3/4 found to be simple in nature. It has next been submitted that some of the co-accused persons of this case, namely, Mira Devi, Kundan Sah and Prabhawati Devi have already been granted the privilege of anticipatory bail by the learned trial court itself vide Anticipatory Bail Petition No. 4855 of 2025 on 31.01.2026. 5. Learned APP along with learned counsel appearing for the informant vehemently opposed the prayer for anticipatory bail. 6. Considering the submissions of the parties and the fact that there is a case and counter case between the parties, some of the co-accused, as stated above, have already been granted the privilege of anticipatory bail by the learned trial court itself and the nature of injury is found to be simple in nature, this Court is inclined to extend them the 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) with two sureties of like amount each to the satisfaction of Ms. Shambhavi Vats, learned Judicial Magistrate 1st Class, East Champaran, Motihari/the court concerned in connection with aforesaid PS Case, subject Patna High Court CR. MISC. No.17675 of 2026(2) dt.25-03-2026 4/4 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 take steps for cancellation of his/their bail bonds. perwez (Ajit Kumar, J) U T