Anar Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69804 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- Nawalpur District- West Champaran ====================================================== 1.
Anar Devi W/o Prabhu Choudhary Resident of Village - Piparpati, P.S - Nawalpur, District - West Champaran 2.
Prabhu Choudhary S/o Ramagya Choudhary Resident of Village - Piparpati, P.S - Nawalpur, District - West Champaran 3.
Jitendra Choudhary S/o Prabhu Choudhary Resident of Village - Piparpati, P.S - Nawalpur, District - West Champaran 4.
Bindra Choudhary S/o Prabhu Choudhary Resident of Village - Piparpati, P.S - Nawalpur, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Adesh Raj Singh For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 21-01-2026 Heard learned counsel for the parties.
2. The petitioners are apprehending their arrest in connection with Nawalpur P.S. Case No.96 of 2025 dated 15.06.2025, registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 74, 76, 262, 263, 121(1), 122(2), 132, 351(3), 352 of the Bharatiya Nyaya Sanhita.
3. As per the FIR, when the informant, along with the raiding party, went to raid the house of the petitioners, upon seeing the raiding party, the family members of the petitioners started protesting against the arrest and, being armed with lathi, danda, and other weapons, assaulted the police party with the intention to kill them.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the
Patna High Court CR. MISC. No.69804 of 2025(3) dt.21-01-2026 2/3 present case. It is further submitted that the petitioners are accused in Nawalpur P.S. Case No. 48 of 2025, in which they are already on bail; however, for ulterior reasons and without any warrant, the police officials are alleged to have raided the house of the petitioners at about 3:00 A.M., in violation of the provisions prescribed under the Police Manual. It is the case of the petitioners that the allegations levelled against them are general and omnibus in nature, and that the injuries allegedly sustained by the police personnel are not on vital parts of the body. Lastly, it is submitted that petitioner nos. 1, 2, and 4 have one criminal antecedent each, whereas petitioner no. 3 has no criminal antecedent.
5. On the other hand, learned APP for the State has opposed the prayer for bail of the petitioners; however, he does not dispute that there is nothing on record to establish the complicity of the petitioners.
6. Considering the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM West Chamaparan (Bettiah)/Successor Court in connection with
Patna High Court CR. MISC. No.69804 of 2025(3) dt.21-01-2026 3/3 Nawalpur P.S. Case No.96 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family member/relative of the petitioner(s) who shall provide official document 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 his/her/their 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 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 their bail bonds. (Ajit Kumar, J) shikha/- U T