Nutan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47802 of 2026 Arising Out of PS. Case No.-168 Year-2026 Thana- KALYANPUR District- Samastipur ====================================================== Nutan Devi W/o Anand Kumar Thakur @ Aanand Kumar Thakur R/o VillageJanardanpur, P.S- Kalyanpur, Dist- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner who apprehends arrest in connection with Kalyanpur P.S. Case No.168/2026 lodged 21/05/2026, for the offences punishable under sections 126(2), 115(2), 303(2), 109, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged against two named accused persons including the present petitioner and five to ten unknown persons. The allegation is that while the informant was ploughing his agricultural field, the petitioner along with the co-accused and other unknown persons arrived there, abused and assaulted the informant over a dispute relating to agricultural land. It is alleged that the co-accused restrained the informant and the petitioner assaulted him on his
Patna High Court CR. MISC. No.47802 of 2026(2) dt.22-07-2026 2/3 head by means of a sharp-cutting weapon, causing bleeding injury. It is further alleged that the petitioner also snatched the gold chain of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is submitted that the occurrence arose out of a dispute relating to agricultural land and a title suit between the parties is already pending. Learned counsel further submits that the injury report discloses only one lacerated wound over the parietal region of the skull and the injury has been opined to be simple in nature caused by a hard and blunt substance. Thus, the medical evidence does not support the allegation of assault by a sharp-cutting weapon. It is further submitted that the petitioner has no criminal antecedent and is ready to cooperate with the investigation/trial and abide by all the conditions that may be imposed by this Court.
5. Learned APP for the State opposes the prayer for anticipatory bail. However, it is fairly submitted that, from the contents of the F.I.R., it appears that the occurrence arose out of a dispute relating to agricultural land.
6. Having considered the rival submissions and upon perusal of the materials available on record, particularly the
Patna High Court CR. MISC. No.47802 of 2026(2) dt.22-07-2026 3/3 F.I.R. and the injury report, it appears that the dispute between the parties arose out of agricultural land. The injury report indicates that the informant sustained a simple injury caused by a hard and blunt substance, whereas the allegation in the F.I.R. is of assault by a sharp-cutting weapon.
7. Considering the nature of the accusation, the nature of injury, the background of the dispute, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the C.J.M., Samastipur, in connection with Kalyanpur P.S. Case No.168/2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J) Manshi/Ashwini U T