Guddi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51717 of 2026 Arising Out of PS. Case No.-30 Year-2026 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== 1.
Guddi Devi So Mukesh Paswan Resident of Village - Jankidih, P.S. - Bannu Bagicha, Distt. - Lakhisarai.
2.
Kaushal Paswan @ Kaushal Kumar Paswan S/o of Jairam Paswan Resident of Village - Jankidih, P.S. - Bannu Bagicha, Distt. - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Irshad, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 29-07-2026 At the outset, learned counsel for the petitioners seeks permission of this Court to withdraw this anticipatory bail application as against the petitioner no.2, stating that during pendency of this application, he has been arrested by the police.
2. Permission is accorded.
3. Accordingly, the instant anticipatory bail application is dismissed as withdrawn as against the petitioner no.2, namely, Kaushal Paswan @ Kaushal Kumar Paswan and now the anticipatory bail application of the petitioner no.1 is being considered on merit.
4. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner no.1 is apprehending her arrest in
2/4 connection with Bannu Bagicha P.S. Case No. 30 of 2026 dated 23.04.2026 registered for the offence punishable under Sections 127(1), 115(2), 109(1), 352, 351(2), 3(5) of the B.N.S., 2023.
3. The prosecution case, in brief, is that on 23.04.2026, a dispute arose while the accused persons were cleaning a drain on the informant's land. It is alleged that Guddi Devi assaulted the informant on the head with a brick, causing a head injury, and Kaushal Paswan assaulted her on the back with a tasla, as a result of which she fell down.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is next submitted that the occurrence arose out of a trivial dispute relating to cleaning of a drain situated on the informant's land, which was opposed by the petitioners. It is further submitted that thereafter the altercation started and the injuries are said to have been sustained by the informant, Gayatri Devi, which are said to be simple in nature. It is lastly submitted that the petitioner no.1 is a person of clean antecedent and for similar allegation, one of the co-accused person, who is petitioner no.2 in this case, has already been taken into custody.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner no.1.
3/4
6. Having heard learned counsel for the parties and considering that the injury caused upon the Informant has been found to be simple in nature and the petitioner no.1 having no criminal antecedent, let the above named petitioner no.1, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Bannu Bagicha P.S. Case No. 30 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
4/4 cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Ajit Kumar, J) rishi/- U T