Devraj Prasad v. The State of Bihar

Patna HC1 May 2026CR. MISC./28044/2026

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Section 438(2) Cr.P.C; Section 482(2) BNSS; IPC Sections 341/323/308/504/506/34; Barachatti P.S. Case No. 1070 of 2023; Gaya; Mohanpur; land dispute assault; general and omnibus allegations against female family members; injury on vital part (head); simple injury; bail bond Rs.10,000 with two sureties; A.C.J.M.-II Sherghati; Patna High Court Criminal Miscellaneous No.28044 of 2026; Chandra Shekhar Jha, J; order dated 01-05-2026.

What did the court decide?

Anticipatory bail: the four petitioners to be enlarged on bail upon arrest/surrender within four weeks, on bail bond of Rs.10,000/- each with two sureties of the like amount, to the satisfaction of A.C.J.M.-II, Sherghati, District Gaya/concerned court in Barachatti P.S. Case No. 1070 of 2023, subject to Section 438(2) Cr.P.C / Section 482(2) B.N.S.S. conditions.

Devraj Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the four accused-petitioners, named in the F.I.R. in Barachatti P.S. Case No. 1070 of 2023 (Sections 341, 323, 308, 504, 506, 34 IPC) and apprehending arrest, are entitled to anticipatory bail.

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Court's answer

All four petitioners, in the event of their arrest or surrender within four weeks of the order, were directed to be enlarged on bail on furnishing a bail bond of Rs.10,000/- (ten thousand only) each.

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Ratio / Principle

Each bail bond to be with two sureties of the like amount each, to the satisfaction of learned A.C.J.M.-II, Sherghati, District – Gaya Ji/concerned court, in connection with Barachatti P.S. Case No. 1070 of 2023.

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Key takeaways

Enlargement made subject to the conditions laid down under Section 438(2) Cr.P.C / Section 482(2) BNSS.ratio¶¶29

Detailed headnote1 paragraphs

Anticipatory bail granted — High Court of Judicature at Patna (Chandra Shekhar Jha, J), order dated 01-05-2026 in Criminal Miscellaneous No. 28044 of 2026: four members of one family, including two women (wives) whose implication was urged by counsel to be general and omnibus, apprehending arrest in Barachatti P.S. Case No. 1070 of 2023 under Sections 341, 323, 308, 504, 506, 34 IPC (alleged Lathi/rod assault on the informant's party on head and body over a land dispute), directed to be enlarged on bail on arrest/surrender within four weeks on furnishing bail bond of Rs.10,000/- each with two like sureties to the satisfaction of A.C.J.M.-II, Sherghati, District Gaya, subject to conditions under Section 438(2) Cr.P.C / Section 482(2) Bhartiya Nagarik Suraksha Sanhita.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28044 of 2026

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Arising Out of PS. Case No.-1070 Year-2023 Thana- BARACHATTI District- Gaya

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Devraj Prasad S/O Balmukund Prasad Resident of Village- Gambhira, P.S.Mohanpur, District- Gayaji.

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Jitendra Kumar S/O Balmukund Prasad Resident of Village- Gambhira, P.S.Mohanpur, District- Gayaji.

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Sunita Devi wife of Devraj Prasad Resident of Village- Gambhira, P.S.Mohanpur, District- Gayaji.

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Nitu Kumari @ Nitu Devi wife of Jitendra Kumar Resident of VillageGambhira, P.S.- Mohanpur, District- Gayaji.

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... ... Petitioners

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Versus

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The State of Bihar Patna

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... ... Opposite Party

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Appearance :

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For the Petitioner/s : Mr.Md. Javed Jafar Khan, Advocate For the Opposite Party/s : Mr.Anil Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 01-05-2026

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The accused-petitioners, named in the F.I.R., are apprehending their arrest in connection with Barachatti P.S. Case No. 1070 of 2023 registered for the offences punishable under Sections 341, 323, 308, 504, 506, 34 of the Indian Penal Code.

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The allegation against the petitioners is to assault the informant and others by using Lathi, rod etc. during the occurrence on the head and body, which may likely to cause their death. The occurrence alleged to be taken place due to land

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Patna High Court CR. MISC. No.28044 of 2026(2) dt.01-05-2026 2/3

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dispute.

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Learned counsel appearing on behalf of the petitioners submitted that allegation of assault is appearing very much general and omnibus against petitioner nos. 3 & 4 who are none but the wife of petitioner nos. 1 & 2 respectively.

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It is submitted that they have been implicated only being the female members of the family with harassing attitude. It is pointed out that only one injury was found on the non-vital part on the body of Sarita Kumari, whereas abrasion was on upper back region which was due to fall on the ground. It is submitted that the injury of Santosh Kumar was found simple in nature. It is further submitted that merely for the reason that injury was found upon vital part i.e. head, the anticipatory bail of the petitioners was rejected. Petitioners claimed clean antecedent.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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In view of the aforesaid factual submissions and by taking note of overall nature of injury, all the four above-named petitioners, in the event of their arrest/surrender within a period of four weeks from this order, are directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only)

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Patna High Court CR. MISC. No.28044 of 2026(2) dt.01-05-2026 3/3

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each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Sherghati, District – Gaya Ji/concerned court in connection with Barachatti P.S. Case No. 1070 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).

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(Chandra Shekhar Jha, J)

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Rajeev/-

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U T

Devraj Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Devraj Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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