Gita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30132 of 2026 Arising Out of PS. Case No.-41 Year-2026 Thana- CHANDI District- Nalanda ====================================================== 1.
Gita Devi W/O Pappu Chauhan R/O Vill.- Araut, P.S.- Wena (Chandi), Dist.- Nalanda.
2.
Sunita Devi W/O Ranjit Chauhan R/O Vill.- Araut, P.S.- Wena (Chandi), Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar, Adv.
For the Opposite Party/s :
Mr.Arun Kumar Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-05-2026 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The petitioners are apprehending arrest in connection with Chandi (Wena P.S.) P.S. Case No.41 of 2026 lodged on 16.01.2026, for the offences punishable under Sections 126(2), 115(2), 109(1), 303(2), 352 and 3(5) of the B.N.S., 2023.
3. As per the prosecution, FIR has been lodged against 3 named accused persons including the present petitioners against whom there is allegation that the accused persons have started abusing the informant relating to flow of water in the land. They have assaulted by lathi on the head of the informant
Patna High Court CR. MISC. No.30132 of 2026(2) dt.07-05-2026 2/3 and snatched Rs.10,000/- as well as gold locket.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that both parties are agnates and basically family members as mentioned in the FIR. He further submits that the petitioner and informant, both are resident of same village and they are well-known to each other. He submits that for the same date and place of occurrence, there is case and counter-case lodged from both the sides vide annexure-P/1 and P/2 of the bail petition. He further submits that the dispute has arisen due to flow of water in the land.
5. Counsel submits that the criminal antecedent of the petitioners is clean and they shall not commit such offence in future.
6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that there are case and counter-case between the parties and they are basically agnates.
7. 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 learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
Patna High Court CR. MISC. No.30132 of 2026(2) dt.07-05-2026 3/3 each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of ACJM-1st, Hilsa (Nalanda), in connection with Chandi (Wena P.S.) P.S. Case No.41 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Prakashmani/- U T