Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25128 of 2026 Arising Out of PS. Case No.-213 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== 1.
Sarita Devi W/o Lalu Manjhi @ Lallu Manjhi R/o Village- Tekuna, PSBodhgaya, Distt.- Gaya 2.
Lalu Manjhi @ Lallu Manjhi S/o Narayan Manjhi R/o Village- Tekuna, PSBodhgaya, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Sinha For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 191(1), 190, 126(2), 115(2), 118(1), 109 of the B.N.S.
3. Petitioners are said to have assaulted the informant and his family members by means of lathi, danda and bricks causing injuries to them.
4. Learned counsel for the petitioners submits that it would be apparent from the First Information Report itself that there are general and omnibus allegations in the First Information Report with regard to assault upon the informant's son. It is further submitted that the dispute had taken place between the gotiyas and there is case and counter case between the parties. It is further submitted that some injuries may have
Patna High Court CR. MISC. No.25128 of 2026(2) dt.30-04-2026 2/2 been caused but Section 109 of the B.N.S. would not be attracted in the said case on account of absence of mens rea. It is pointed out that two other similarly situated co-accused persons have already been granted anticipatory bail vide order dated 08.04.2026 passed in Cr. Misc. No. 18985 of 2026.
5. Learned APP for the State has opposed the application for anticipatory bail.
6. Taking into consideration the facts and circumstances and also considering the fact that an altercation took place between the parties on account of land dispute and similarly situated co-accused have already been granted bail, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged 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 below where the case is pending/successor court in connection with Bodhgaya P.S. Case No. 213 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J) devendra/- U T