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2026 Supreme(Online)(Pat) 3663

PATNA HIGH COURT
Prabhat Kumar Singh, J
Sunaina Devi – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.895 of 2026



Advocates:
For the Appellants/Petitioners: Mr. Dhandev Kumar
For the Respondents: Mr. Madhura Nand Jha, Addl. Public Prosecutor

Anticipatory bail is granted when allegations lack specificity, despite contrasting claims of assault and counterclaims.

Headnote:The Court analyzed the offences punishable under the Bharatiya Nyaya Sanhita and noted that the petitioners, accused of assaulting the informant and her family, claimed innocence citing a land dispute. The Court found the allegations to be general and granted anticipatory bail. The main issue involved was whether the petitioners should be granted anticipatory bail given the nature of the allegations. The Court reasoned that the allegations were not sufficiently specific to deny bail, allowing the petitioners bail under certain conditions.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 21-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126 (2), 127(2), 115(2), 117(2), 118(1), 109, 352, 351(2), 190, 191(2), 76 and 303(2) of the Bharatiya Nyaya Sanhita .

3. As per F.I.R., these petitioners assaulted informant and her family members by means of iron rod.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. As a matter of fact, on account of land dispute, altercation took place between the parties in which both sides sustained injuries. Case and counter case. Allegation of assault against petitioners is general and omnibus.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation, case and counter case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-20, Motihari, East Champaran in connection with Turkauliya P. S. Case No. 279 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

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