Laxmina Devi @ Lakshmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70749 of 2025 Arising Out of PS. Case No.-230 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== 1.
Laxmina Devi @ Lakshmi Devi, aged about 50 years (wrongly stated in the FIR as 42 years), Female, W/O Lalan Prasad @ Lalan Patel 2.
Anand Kumar @ Pappu, aged about 32 years, Male, S/O Lalan Prasad @ Lalan Patel 3.
Lalan Prasad @ Lalan Patel, aged about 53 years (wrongly stated in the FIR as 49 years) Male, S/O Late Ragunath Prasad R/O Vill.- Moorkhap Nauka Tola, P.S.- Bettiah Mufassil, Dist.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Ms.Meena Singh, APP For the informant :
Mr. Anant Kumar Mishra, Advocate Mr. Sarvesh kashyap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-02-2026 Heard Mr. Bimlesh Kumar Pandey, learned counsel appearing on behalf of the petitioners; Ms. Meena Singh, learned APP for the State and Mr. Anant Kumar Mishra along with Mr. Sarvesh kashyap, learned counsel for the informant.
2. The petitioners seek pre-arrest bail in connection with Bettiah (Muffasil) P.S. Case No. 230 of 2025 registered for the offence(s) punishable under Sections 126(2), 127(2), 115(2),
2/4 109(1), 118(1), 352, 303(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, the petitioner along with other co-accused persons with a common intention to kill the informant, assaulted the informant and her family members.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners and informant are Patidar and there is land dispute between them, which led to present incidence in which both the parties sustained injuries. There is case and counter case and in the said course of incidence, the petitioners may have caused some injury on the persons of the informant and informant' side. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Mr. Anant Kumar Mishra, learned counsel, has tendered his appearance on behalf of the informant, having vehemently opposed the bail application on the ground that there is specific allegation against the petitioner no.2 that he had assaulted on the head on the informant, causing injury but the injury report is reserved.
6. Learned APP for the State also vehemently opposed the prayer for grant of pre-arrest bail.
7. Having heard the rival submissions made on behalf
3/4 of the parties, as well as, having perused the allegation made in the FIR, it is admitted that the petitioners are Patidar of the informant and due to land dispute, the petitioners had some hot talks with the informant, which led to fierce fight in which both the parties caused injuries to eachother. There is case and counter case between the parties. It may be a case that in spur of moment, the petitioners may have caused some injury on the persons of the informant and the informant's side but without intention. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
8. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four 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 learned C.J.M., Bettiah, West Champaran / Concerned Court in connection with Bettiah (Muffasil) P.S. Case No. 230 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
9. The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as
4/4 what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J) Sanjay/- U T