Kanchan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48291 of 2026 Arising Out of PS. Case No.-502 Year-2025 Thana- PAKARIBARAW District- Nawada ====================================================== 1.
Kanchan Devi Wife of Yogendra Chauhan Resident of Village- Pind Parwa, P.S.- Pakrivarawan, Dist.- Nawada, Bihar 2.
Sushma Devi Wife of Shiv Shankar Chauhan Resident of Village- Pind Parwa, P.S.- Pakrivarawan, Dist.- Nawada, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rishav Dev, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-07-2026 Heard learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners apprehend their arrest in connection with Pakribarawan P.S. Case No.502 of 2025 registered for the offences punishable under Sections 115(2), 117(2), 126(2), 109, 351(3), 352, 190 and191(3) of the BNS, 2023.
3. Allegedly, on the given date and time of occurrence, while the informant was engaged in the construction of a room over his land, all the FIR-named accused persons, variously armed with iron rod, lathi, danda, and sharp-edged weapon, arrived at the place of occurrence and assaulted the informant and his father, causing grievous injuries. When other
Patna High Court CR. MISC. No.48291 of 2026(2) dt.22-07-2026 2/3 members of the informant's family came to their rescue, they too were allegedly assaulted by the petitioners and the other accused persons.
4. Learned Advocate for the petitioners, taking this Court through the FIR, submitted that even if the prosecution case is accepted in its entirety for the sake of argument, the allegations against the petitioners are wholly omnibus in nature. It is contended that the FIR merely alleges that the petitioners, along with the other accused persons, assaulted the informant and his father, without attributing any specific overt act or grievous injury to either of the petitioners. It is further contended that the present case is nothing but a counterblast to Pakribarawan P.S. Case No. 501 of 2025, instituted at the instance of the petitioners' side, wherein members of their family had also sustained injuries. The genesis of the occurrence is a long-standing land dispute, which culminated in a free fight leading to some unfortunate injuries.
However, the prosecution has failed to explain the injuries sustained by the petitioners' side. It is also argued that both the petitioners are women and, although they have one criminal antecedent each, the same also arises out of the very same land dispute.
5. Learned APP, on the other hand, vehemently
Patna High Court CR. MISC. No.48291 of 2026(2) dt.22-07-2026 3/3 opposed the prayer for bail and submitted that the petitioners have actively participated in the crime along with the other accused persons and brutally assaulted the informant and his father, causing grievous injuries.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of the allegations, besides the absence of any specific attribution of grievous injury to the petitioners, the fact that both the petitioners are women and there is a case and counter-case arising out of a land dispute, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, 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 District & Additional Sessions Judge-V, Nawada in connection with Pakribarawan P.S. Case No.502 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) rohit/- U T