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2026 DAILYLAW 47049 (PAT)

Nirmal Devi @ Nirmala Devi v. The State of Bihar

CR. MISC./1406/2026 · 2026-01-30

Nawneet Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1406 of 2026 Arising Out of PS. Case No.-260 Year-2022 Thana- KUSHESHWARASTHAN District- Darbhanga ====================================================== 1. Nirmal Devi @ Nirmala Devi W/o Hare Krishna Yadav @ Hare Ram Yadav Resident of Village- Laxminiya, P.S-Kusheshwar Asthan, District- Darbhanga 2. Vindeshwar Yadav S/o Late Anup Yadav Resident of Village- Laxminiya, P.S-Kusheshwar Asthan, District-Darbhanga 3. Roshan Kumar Yadav @ Roshan Yadav S/o Madan Yadav Resident of Village- Laxminiya, P.S-Kusheshwar Asthan, District-Darbhanga 4. Pawan Yadav S/o Sri Shibu Yadav @ Saboo Yadav Resident of Village- Laxminiya, P.S-Kusheshwar Asthan, District-Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Singh For the State : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 30-01-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending their arrest in Kusheshwar Asthan P.S. Case No. 260 of 2022 registered under Sections 341, 323, 324, 307, 354, 379/34 of the Indian Penal Code. 3. As per allegation, all the FIR named accused persons came to the house of the informant. Co-accused Raj Kumar Yadav dragged him and all the accused persons assaulted him with lathi, danda etc. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in the Patna High Court CR. MISC. No.1406 of 2026(2) dt.30-01-2026 2/2 present case. He further submits that there is case and counter case between the parties and the allegations in the FIR are general and omnibus in nature. It has further been submitted that initially, after investigation, the petitioners were not sent up for trial but later on, the learned Magistrate differed with the police report/charge-sheet no. 208/22 dated 30.10.2022 and took cognizance against the petitioners also vide order dated 03.07.2024. The petitioners are persons of clean antecedent. 5. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners. 6. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of their arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Biraul, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 260 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023. priyanka/- (Nawneet Kumar Pandey, J) U T