IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57767 of 2026 Arising Out of PS. Case No.-67 Year-2023 Thana- JAIPUR District- Banka ====================================================== 1. Geeta Devi Wife of Pahlu Yadav R/o Village - Jhopa Narayanpur, Police Station - Jaipur, Katoriya, District - Banka. 2. Anita Devi W/o Kailash Yadav R/o Village - Jhopa Narayanpur, Police Station - Jaipur, Katoriya, District - Banka. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 19-08-2026 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Jaipur P.S. Case No.67 of 2023, F.I.R dated 01.09.2023 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 308, 379, 504 and 506 of the Indian Penal Code. 3. According to prosecution case, on 01.09.2023 at about 3:30 P.M., the informant, along with her family members, went to the disputed land when Chunchun Yadav and 22 other accused persons, armed with deadly weapons, allegedly arrived there and ploughed the land with a tractor. When the informant Patna High Court CR. MISC. No.57767 of 2026(2) dt.19-08-2026 2/4 and her family members objected, the accused persons allegedly abused and assaulted them. Pahlu Yadav allegedly struck the informant on her right leg with a blackjack, causing her to fall. Anita Devi allegedly hit the informant’s daughter Pushpa Kumari on the head with a brick, rendering her unconscious. Phool Kumari Devi, who came to rescue them, was also allegedly assaulted, sustaining a head injury. Geeta Devi allegedly snatched a silver chain from the informant’s neck. The accused persons allegedly threatened to kill the informant and her family if the matter was reported to the police. 4. Learned counsel for the petitioners submits that the allegations of overt act of causing injury is upon the daughter of the informant, namely, Pushpa Devi, whose injury have been found to be simple in nature. It has next been submitted that the Trial Court has not extended the privilege of anticipatory bail only the ground that the case is of the year 2023 and the petitioners have approached this Court after a lapse of three (03) years. It has next been submitted that while recording such finding, the concerned court should have been alive to the situation that for the last three (03) years, the petitioners were not found and the Investigating Officer did not find it appropriate to seek attendance of this petitioner to participate in Patna High Court CR. MISC. No.57767 of 2026(2) dt.19-08-2026 3/4 the investigation and this, in itself, would have constituted a good ground for granting the petitioner the privilege of anticipatory bail, as had been extended to the other co-accused. It has lastly been submitted that the petitioners have clean antecedent. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Considering the aforesaid facts and circumstances that the allegations of overt act of causing injury is upon the daughter of the informant, namely, Pushpa Devi, whose injury have been found to be simple in nature and that the Investigating Officer, after a lapse of three (03) years, did not find it appropriate to seek attendance of this petitioner to participate in the investigation and the petitioners have clean antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioners. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Banka, in connection with Patna High Court CR. MISC. No.57767 of 2026(2) dt.19-08-2026 4/4 Jaipur P.S. Case No.67 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit 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/her/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 their bail bonds. sharun/- (Ajit Kumar, J) U T