Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23171 of 2025 Arising Out of PS. Case No.-763 Year-2024 Thana- AMARPUR District- Banka ====================================================== 1.
Anita Devi W/O Prameshwar Yadav @ Parmeshwar Yadav 2.
Prameshwar Yadav @ Parmeshwar Yadav S/O Dhaneshwar Yadav 3.
Dhaneshwar Yadav S/O Late Makhan Yadav All residents of Village- Manjhli Kusaha, P.S.- Fullidumar, Dist.- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar, Advocate For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-04-2025 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with Amarpur (Fullidumar) P.S.Case No.763 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 110, 76, 303(2), 352, 351(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, both the parties entered into fierce fight due to the land dispute, in which two persons of informant side sustained injury, namely, Tulsi Yadav and Pradeep Yadav and the specific allegation of assault is against Nitish Kumar Yadav.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.23171 of 2025(2) dt.30-04-2025 2/3 petitioners submitted that the petitioner nos.1 and 2 are mother and father of said co-accused, Nitish Kumar Yadav and against the petitioner no.3, there is general and omnibus allegation. Petitioners and the informant are agnates. Petitioners have clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners. 6.Considering the nature of the allegation made in the FIR, as well as, the specific allegation is alleged against the coaccused Nitish Kumar Yadav, who is the son of petitioners no.1 and 2, it appears that for the said reason, petitioners no.1 and 2 have been made accused in the present case . So far petitioner no.3 is concerned, there is general and omnibus allegation against him and there is case and counter case between the parties arising out of same incident, in which the petitioners in their self-defence may have caused some injuries on the person of the injured without any intention. The petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM,
Patna High Court CR. MISC. No.23171 of 2025(2) dt.30-04-2025 3/3 Banka/concerned court, in connection with Amarpur (Fullidumar) P.S.Case No.763 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T