Basanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1315 of 2026 Arising Out of PS. Case No.-399 Year-2025 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.
Basanti Devi Son of Mithun Singh R/o Hat Chaulhar, P.S. - Azamnagar, Dist. - Katihar.
2.
Laxman Singh Son of Mahesh Singh R/o Hat Chaulhar, P.S. - Azamnagar, Dist. - Katihar.
3.
Lilima Devi @ Lili Devi @ Liliya Devi W/o Jagdish Singh R/o Khushalpur, P.S. - Pranpur, Dist. - Katihar 4.
Jagdish Singh Son of Late Jimi Singh R/o Khushalpur, P.S. - Pranpur, Dist. - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Azamnagar P.S. Case No. 399 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(2), 109, 351(2) and 3(5) of the BNS, 2023.
3. The case of the prosecution, in short, is that the informant Adari Devi has lodged the present F.I.R. stating there in that on 15.10.2025 the parents of the informant asked to clean the used utensils, upon which the dirty water was thrown by
Patna High Court CR. MISC. No.1315 of 2026(2) dt.28-01-2026 2/3 Mithun Singh and his wife Basanti Devi on the grain, for which the parent of the informant tried to instruct, upon which Basanti Devi asked to kill them, upon which Mithun singh ran towards the informant to kill her, who fled away. It is further alleged that Mithun Singh attempted to attack upon her father Ayodhya Singh by means of dabia, when her mother came forward to save her father then she was also assaulted by means of dabia by Mithun Singh, due to which they got brutally injured and became unconscious. On halla, the villagers came and took away the injured to P.H.C. Azamnagar from where they were referred to Katihar Medical College.
4. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The entire prosecution story is false, fabricated and concocted. Learned counsel for the petitioners submits that there is no manner of occurrence as alleged has ever taken place. It is further submitted that petitioners have been falsely implicated in the present case due to local village politics and ulterior motive of the informant to harass the petitioners.
5. Learned A.P.P. for the State opposes the prayer of anticipatory bail.
6. Considering the fact that although the petitioners
Patna High Court CR. MISC. No.1315 of 2026(2) dt.28-01-2026 3/3 are named in the FIR, there is no specific allegations against any of the petitioners of having assaulted the informant or the parents of the informant and also given the fact that from the reading of the FIR, the allegation of assault is on another accused person Mithu Singh and also taking into account that petitioners are persons with clean antecedent, this Court is inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioners, named above, in the event of their arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of Chief Judicial Magistrate, Katihar in connection with Azamnagar P.S. Case No. 399 of 2025, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J) Gaurav Sinha/- U