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2026 DAILYLAW 26357 (PAT)

Anita Devi v. The State of Bihar

CR. MISC./48330/2026 · 2026-07-22

Harish Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48330 of 2026 Arising Out of PS. Case No.-541 Year-2025 Thana- PATAHI District- East Champaran ====================================================== 1. Anita Devi W/O Lakhan Ram R/O Village -Mahmada, P.S.-Patahi, Distt.- East Champaran. 2. Kawita Kumari @ Kawita Devi W/O Ram Prakash Ram R/O Village -Mahmada, P.S.-Patahi, Distt.- East Champaran. 3. Ram Pravesh Ram S/O Ramesh Ram R/O Village -Mahmada, P.S.-Patahi, Distt.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Adv. For the Opposite Party/s : Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 22-07-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Patahi P.S. Case No. 541 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 351(2), 352(2), 74, 303(2) and 3(5) of the B.N.S. 3. On the fateful night of the occurrence, the petitioners, along with other named accused persons, 13 in number, barged into the house of the informant and brutally assaulted him. Besides, there is other allegation of attempt to forcefully taking away the daughter of the informant. There is further allegation Patna High Court CR. MISC. No.48330 of 2026(2) dt.22-07-2026 2/3 against co-accused Akhilesh Ram, who gave a farsa blow over the head of the informant’s son, due to which he sustained serious injury. The other co-accused persons have also assaulted the family members of the informant. Besides, there is allegation of snatching of valuables. 4. Learned Advocate for the petitioners submitted that the FIR has been instituted against 13 named accused persons, with an ominous allegation against the petitioners of exhortation and taking part in the crime. However, the genesis of the occurrence is nothing but a land dispute, which resulted into a free fight and leading to institution of the case and counter case being Patahi PS Case No. 542 of 2026, instituted against the informant and others. The parties are pattidars and the injuries which are allegedly sustained to the informant and others have been found to be simple in nature. To support the aforesaid contention, the injury report have been placed on record vide Annexure-2, 3, and 4 to the bail application. The petitioners are persons of fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioners have actively participated in the crime and assaulted Patna High Court CR. MISC. No.48330 of 2026(2) dt.22-07-2026 3/3 three persons who sustained serious injuries 6. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the nature of accusation levelled against the petitioners, coupled with the factum of case and counter case and the injuries sustained to the injured persons are simple in nature, besides the fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari in connection with Patahi P.S. Case No. 541 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners. shivank/- (Harish Kumar, J) U T