Chandni Devi @ Chandani Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10542 of 2026 Arising Out of PS. Case No.-288 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== 1.
Chandni Devi @ Chandani Kumari W/o Amit Pandey R/o Village - Howdih, P.S - Nasriganj, District - Rohtas 2.
Parmita Devi W/o Sanjay Pandey R/o Village - Howdih, P.S - Nasriganj, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-03-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Nasriganj P.S. Case No. 288 of 2025 lodged on 13.08.2025, for the offence punishable under Section 126(2), 115(2), 303(2), 76, 109 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioners. It has been alleged in the FIR that the petitioner no.2 has attacked the informant's husband by a sharp iron weapon due to which he injured. It has also been alleged in the FIR that the petitioner
2/4 no.1 handed over pistol to her husband who has made two round firing.
4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. Counsel submits that both the petitioners are lady and petitioner no.2 is aged about 60 years. He further submits that both the parties are resident of same village and from the content of the FIR, it become crystal clear that the land dispute was going on between them. Counsel submits that the petitioners and the informant are agnates and for the same date and place of occurrence, there are case and counter case i.e. one case has been lodged from the petitioners' side bearing Nasriganj P.S. Case No. 289 of 2025 and the present case has been lodged from the informant's side bearing Nasriganj P.S. Case No. 288 of 2025. Counsel further submits that the petitioners have clean antecedent and they are ready to fulfill all the conditions whatsoever shall be imposed upon them.
5. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that from the record, it transpires that there are case and counter case, both parties are resident of the same village and land dispute has been acknowledged in the FIR.
3/4
6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of S.D.J.M., Bikramganj, Rohtas, in connection with Nasriganj P.S. Case No. 288 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023 with further conditions:- (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his bona fide;
(ii) the petitioners shall appear before the Trial Court on each and every scheduled date, and failure to do so for two consecutive dates without any plausible reason/explanation shall be resulted into cancellation of their bail bonds by the Trial Court itself;
7. It is further directed that the Trial Court shall verify the criminal antecedent(s) of the petitioners, and in case, it is found at any stage that the petitioners have concealed the fact about their criminal antecedent(s), the Trial Court shall take
4/4 steps for cancellation of bail bond of the petitioners. However, the acceptance of the bail bonds in terms of the abovementioned order shall not be delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J) Divyansh/- U T