Chinta Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Chinta Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Direction for release of the petitioners on anticipatory bail in connection with Siwan Muffasil P.S. Case no.445 of 2025 upon arrest or surrender before the learned Court below within four weeks, on bail bond of Rs.10,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in Siwan Muffasil P.S. Case no.445 of 2025, should be released on anticipatory bail.

Court's answer

Considering the facts and circumstances, the scuffle between the parties due to land dispute, absence of any specific allegation of assault against these petitioners, and the existence of case and counter case, the Court directed that the petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Siwan Muffasil P.S. Case no.445 of 2025 on each furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

Ratio / Principle

The grant of anticipatory bail rests on the Court's finding that there are no specific allegations of assault against these petitioners and that there is a case and counter case between the parties.

Detailed headnote1 paragraphs

Anticipatory Bail — Patna High Court (Soni Shrivastava, J) directs pre-arrest bail for five petitioners in Siwan Muffasil P.S. Case No.445 of 2025 (District Siwan), registered under ss.126(2), 152(2), 117(2), 118(1), 109, 351(2) and 3(5) of B.N.S, 2023. FIR alleges the informant sustained injuries in a scuffle while returning home. Counsel for petitioners pointed out that the FIR named ten accused, with only general and omnibus assault allegations against these petitioners, specific allegations being confined to co-accused Rajan Yadav and Raj Kumar Yadav, and that the parties are patidars locked in an admitted land dispute with case and counter case. The Court found no specific allegation of assault against these petitioners and, noting the case-and-counter-case situation arising from the land dispute, ordered release on surrender/arrest within four weeks on a bail bond of Rs.10,000/- with two like sureties, subject to S.438(2) CrPC / S.482(2) B.N.S.S, 2023 conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7512 of 2026

Arising Out of PS. Case No.-445 Year-2025 Thana- SIWAN MUFFASIL District- Siwan

======================================================

Chinta Devi W/o Surendra Yadav Resident of vill- Barhani Ke Tola, PSMuffasil, Dist- Siwan

Manjeet Yadav @ Manjeet Kumar S/o Kailash Yadav Resident of villBarhani Ke Tola, PS- Muffasil, Dist- Siwan

Moti Lal Yadav S/o Late Khub Lal Yadav Resident of vill- Barhani Ke Tola, PS- Muffasil, Dist- Siwan

Jay Ram Yadav @ Jai Ram Kumar S/o Moti Lal Yadav Resident of villBarhani Ke Tola, PS- Muffasil, Dist- Siwan

Suganti Devi W/o Hulash Yadav Resident of vill- Barhani Ke Tola, PSMuffasil, Dist- Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Harsh Kumar, Adv. Mrs.Kumari Anupam, Adv. For the Opposite Party/s : Mr.Umesh Lal Verma, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 04-02-2026

Heard learned counsel for the petitioners and

learned APP for the State.

The petitioners apprehend their arrest in connection with Siwan Muffasil P.S. Case no.445 of 2025 registered under sections 126(2), 152(2), 117(2), 118(1), 109, 351(2) and 3(5) of B.N.S, 2023.

Allegation in the F.I.R is that the informant, while returning to his home, had scuffle with the accused persons leading to injuries.

Patna High Court CR. MISC. No.7512 of 2026(2) dt.04-02-2026 2/3

Learned counsel for the petitioners submits that F.I.R itself would disclose that the same was lodged against ten accused persons and so far as present petitioners are concerned, there are general and omnibus allegations of assault whereas allegations are specific only against other co-accused Rajan Yadav and Raj Kumar Yadav. It is further submitted that parties are patidars and there is admitted land dispute. There is case and counter case. The petitioners undertake to co-operate in case/trial.

The application for anticipatory bail is opposed by learned A.P.P. for the State.

Taking into consideration the aforesaid facts and circumstances of the case and also considering that scuffle took place between the parties due to land dispute, coupled with the fact that there are no specific allegation of assault against these petitioners and there is case and counter case, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Siwan Muffasil P.S. Case no.445 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.7512 of 2026(2) dt.04-02-2026 3/3

learned Court concerned where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J)

Harsh/- U T