Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89194 of 2025 Arising Out of PS. Case No.-241 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Gita Devi Wife of Rampravesh Rai Resident of village - Jagdishpur, P.S.- Raghopur, District - Vaishali.

2.

Ravish Kumar Son of Rampravesh Rai Resident of village - Jagdishpur, P.S.- Raghopur, District - Vaishali.

3.

Abha Devi Wife of Amarjeet Rai Resident of village - Jagdishpur, P.S.- Raghopur, District - Vaishali.

4.

Arti Devi Wife of Dilip Rai Resident of village - Jagdishpur, P.S.- Raghopur, District - Vaishali.

5.

Ramanand Rai Son of Late Harinandan Rai Resident of village - Jagdishpur, P.S.- Raghopur, District - Vaishali.

6.

Priyanka Kumari Daughter of Ramjinish Rai Resident of village - Jagdishpur, P.S.- Raghopur, District - Vaishali. 7.

Amarjeet Rai Son of Asarfi Rai Resident of village - Mohanpur, P.S.- Raghopur, District - Vaishali.

8.

Sushil Kumar Son of Asarfi Rai Resident of village - Mohanpur, P.S.- Raghopur, District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, App.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-01-2026

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Raghopur Police Station Case No. 241 of 2025, disclosing offences under Sections 126(2), 115(2), 117(2), 117(4), 109, 303(2), 352, 3(5) of the BNS, 2023.

3. As per the prosecution case, on 02.09.2025 at about 3:00 P.M., the F.I.R.-named accused persons, including

Patna High Court CR. MISC. No.89194 of 2025(2) dt.15-01-2026 2/3 the petitioners, along with some unknown persons, allegedly came armed to the informant's house and assaulted him, causing head injuries. On intervention by family members, including women and children, they were also allegedly assaulted. It is further alleged that the accused looted ornaments and cash and thereafter fled from the place of occurrence after threatening them. The informant was initially taken to the Primary Health Centre and subsequently referred to NMCH, Patna, for treatment.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case due to malice and grudge arising out of an existing land dispute between the parties, who are agnates. He next submits that no such occurrence as alleged in the F.I.R. took place and that the present case is a counterblast to Raghopur P.S. Case No. 242/2025 lodged by the co-accused against the present informant and his family members regarding the same incident. He further submits that the informant instituted the present case only to save himself and his family members and to give a criminal colour to the existing land dispute between the parties. It is also stated that the injuries allegedly sustained by the informant and Renu Devi are simple

Patna High Court CR. MISC. No.89194 of 2025(2) dt.15-01-2026 3/3 in nature, as opined by the doctor.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates having land dispute and injuries caused to the informant and one Renu Devi are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XV, Vaishali at Hajipur, in connection with Raghopur Police Station Case No. 241 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. (Anil Kumar Sinha, J) HarshPandey/- U T