Dulari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4196 of 2026 Arising Out of PS. Case No.-336 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.
Dulari Devi W/o Late Ramjet Mahato R/o Village - Pipra, P.S - Govindganj, District - East Champaran 2.
Bhalo Devi @ Jhaliya Devi W/o Krishna Mahto @ Kishun Mahto R/o Village - Pipra, P.S - Govindganj, District - East Champaran 3.
Dewkali Devi @ Devkali Devi W/o Hari Mahto R/o Village - Pipra, P.S - Govindganj, District - East Champaran 4.
Subi Devi @ Sugi Devi W/o Dilip Mahto R/o Village - Pipra, P.S - Govindganj, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Kumar Pandey, Advocate For the State :
Ms .Rina Sinha, APP For the Informant :
Mr. Karandeep Kumar, Advocate :
Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-02-2026 Heard Mr. Aditya Kumar Pandey, learned counsel for the petitioners, Mr. Karandeep Kumar, learned counsel for the Informant and Ms. Rina Sinha, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Govindganj P.S. Case No.336 of 2019, F.I.R. dated 24.10.2019 for the offences punishable under Sections 341, 323, 307, 324, 504, 325 and 34 of Indian Penal Code.
3. According to prosecution case, the informant
2/4 alleged that when he was sitting at his house, the petitioners along with other co-accused persons came and started abusing him and on objection, they assaulted the informant and his family members by means of farsa, lathi and garansa and snatched gold chain from his neck.
4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. The present case is counter blast of Govindganj P.S. Case No.335 of 2019 filed by the husband of petitioner no.2 against the informant and his family members and both sides received injury and it appears from the FIR that due to admitted land dispute the present occurrence has taken place. Although the petitioners are named in the FIR and there is specific allegation against them that they assaulted the informant and his family members but the injury inflicted upon the injured person is simple in nature caused by hard and blunt substance.
5. The learned Additional Public Prosecutor and learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioners on the ground that the petitioner nos.1 and 3 carries one criminal antecedent in which they are on bail and petitioner no.2 has clean antecedent.
6. Considering the aforesaid facts and circumstances
3/4 and the fact that there is case and counter case between the parties and injury inflicted upon the injured persons is simple in nature, let the petitioners, above named, in the event of 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Govindganj P.S. Case No.336 of 2019, 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.
Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at
4/4 any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T