Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4478 of 2026 Arising Out of PS. Case No.-171 Year-2025 Thana- GOPALPUR District- Gopalganj ====================================================== 1.
Sunita Devi Wife of Ramesh Chauhan, Resident of Village - Narharwan Shukla, P.S. - Gopalpur, District - Gopalganj 2.
Sunil Kumar @ Sunil Kumar Chauhan Son of Ramesh Chauhan, Resident of Village - Narharwan Shukla, P.S. - Gopalpur, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the State :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-02-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail, apprehending their arrest, in connection with Gopalpur P.S. Case No. 171 of 2025, dated 28.06.2025, registered for the offences punishable under Sections 126(2), 115(2), 109 (1), 351, 352, 303(2) and 3(5) of BNS, 2023.
3. As per allegation, on account of some land dispute, the accused persons assaulted the informant and other family members.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.4478 of 2026(2) dt.04-02-2026 2/3 case. He further submits that as a matter of fact, on account of some land dispute, altercation took place in which both sides got injury leading to filing of case and counter case. The counter case lodged by the petitioners' side bears Gopalpur P.S. Case No. 172 of 2025.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioners have no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the case and counter case between the parties and nature of injury is simple in nature, this petition is allowed, directing the petitioners, above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Gopalpur P.S. Case No. 171 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.4478 of 2026(2) dt.04-02-2026 3/3 Section 482 (2) of the B.N.S.S, 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) ravishankar/- U T