Chandrashekhar Lal Dev v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30529 of 2026 Arising Out of PS. Case No.-301 Year-2025 Thana- BAHERI District- Darbhanga ====================================================== 1.
Chandrashekhar Lal Dev S/O Late Ram Sogarath Lal Dev Resident of village- Turki, P.S.- Baheri, Distt.- Darbhanga 2.
Amlesh Kumar S/O Chandrashekhar Lal Dev Resident of village- Turki, P.S.- Baheri, Distt.- Darbhanga 3.
Krish Kumar S/O Manoj Lal Dev Resident of village- Turki, P.S.- Baheri, Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar Thakur For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2026
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Baheri Police Station Case No. 301 of 2025, dated 16.07.2025, disclosing offences under Sections 191(2)/190/126(2)/115(2)/117(2)/118(1)/109(1)/351(2)/ 352 of the Bhartiya Nyaya Sanhita.
3. That the prosecution case, as per the First Information Report, is that on 13.07.2025, while the informant's family members were irrigating their agricultural field, the petitioners along with other accused persons, variously armed with iron rods, lathi and spade, arrived
Patna High Court CR. MISC. No.30529 of 2026(2) dt.07-05-2026 2/3 there with intention to kill them and assaulted them. The petitioner no. 1 assaulted Nitish Kumar with an iron rod causing injuries on his head and eye, petitioner no. 2 assaulted Om Prakash Lal Dev with lathi blows and petitioner no. 3 assaulted the informant's wife by means of iron rod on her head and waist.
4. Learned counsel for the petitioners submits that the petitioners are co-sharer and the occurrence took place due to land dispute between them. He next submits that the present case is counter-blast to the FIR lodged against the informant and others by the mother of petitioner no. 1, bearing Baheri Police Station Case No. 300 of 2025, which is prior in time to the FIR lodged by the informant. The injuries, sustained by the victims and attributable to the petitioners, are simple in nature and caused by hard and blunt substance, which would be evident from injury report annexed at Annexure-3 series inasmuch as the treatment of victim-Om Prakash Lal Dev was carried in the village hospital. He further submits that similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 81963 of 2025 and 23613 of 2026.
Patna High Court CR. MISC. No.30529 of 2026(2) dt.07-05-2026 3/3
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties are co-sharer having land dispute, case and counter-case is there between them, victims have sustained simple injuries and similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 learned Additional Chief Judicial Magistrate VI, Darbhanga, in connection with Baheri Police Station Case No. 301 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J) ashwani/- U T