Seema Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91851 of 2025 Arising Out of PS. Case No.-181 Year-2025 Thana- KACCHWA District- Rohtas ====================================================== 1.
Seema Devi W/O Vinod Yadav R/O Village- Saraiyan, P.S.- Kachhawan, Distt.- Rohtas 2.
Sanju Devi @ Manju Devi W/o Jhariman @ Raj Kumar Yadav R/O VillageSaraiyan, P.S.- Kachhawan, Distt.- Rohtas 3.
Poonam Devi W/o Pramod Yadav R/O Village- Saraiyan, P.S.- Kachhawan, Distt.- Rohtas 4.
Munmuna Devi @ Munmun Devi W/o Late Sipahi Singh R/O VillageSaraiyan, P.S.- Kachhawan, Distt.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramashray Roy, Adv For the Opposite Party/s :
Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Kacchwa P.S. Case No. 181 of 2025, registered for the offence punishable under Sections 126(2), 115(2), 132, 238, 3(5) of B.N.S.
3. The case of the prosecution, in short, as per the informant is that on 30.08.2025, the informant, Sub-Inspector Shambhu Kumar along with armed police personnel, went out on night patrol in a government vehicle. During patrolling at
2/4 around 3:00 AM, the informant received secret information that an illegal tractor loaded with sand was coming towards Kachhwa village. The informant reached the middle school near Saraiya village with the local chowkidar. Three illegal tractors loaded with sand were seen approaching from the direction of Saraiya village. Upon seeing the police, the drivers of the three tractors turned their vehicles around, making a commotion, and tried to flee. The informant with the help of the armed police, attempted to chase and apprehend them, but the drivers of all three tractors managed to escape, abandoning their vehicles. When the informant and his armed police personnel approached the three tractors, 30-40 unknown persons surrounded the tractors and prevented the informant and his team from approaching them.
The informant informed his senior officer and the nearby police stations, and other police personnel from Kachhwa Police Station arrived for assistance. As soon as the informant and the police force moved towards the tractors, the assembled crowd, which included some women, started hurling abusive language and became aggressive, attempting to attack the police and forcibly preventing them from approaching the tractors. During this commotion, some individuals drove away with the tractors.
3/4 were identified by local chowkidar. The accused persons obstructed the police in the discharge of their duties.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners have been falsely implicated in the present case due to local politic and ulterior motives. No incriminating materials have been recovered from the possession of the petitioners. The petitioners have no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of anticipatory bail.
6. From reading of the FIR, it appears that there is general allegation against the petitioners for preventing the police team from going towards the tractor, engaging the police and abusing the police officials. There is no specific allegation against any of the petitioners. The petitioners have no criminal antecedent. Under these circumstances, this Court is inclined to grant privilege of anticipatory bail to the petitioners.
7. Let the petitioners, named above, in the event of their arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class cum
4/4 A.M., Bikramganj, Rohtas in connection with Kacchwa P.S. Case No. 181 of 2025, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J) kiran/- U T