Patna High Court
Bipindar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The High Court exercised its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Bipindar Sah, Gayetri Devi and Pramod Sah, sought bail fearing arrest in a criminal case (Kalyanpur PS Case No. 229 of 2025) involving offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The dispute arose from a land conflict during construction of stairs, leading to an assault on the informant’s grandfather with a dabia, causing nasal fractures, and additional assaults by the petitioners. The petitioners argued that both parties were neighbours, the fight was a free altercation, injuries were mutual, and the matter had been settled through a compromise petition filed in the lower court. The State opposed bail, emphasizing the grievous nature of the injuries. The High Court, noting the settlement, the mutual injuries, and the parties’ desire not to litigate, exercised its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and granted bail with a bond of Rs 10,000 and two sureties, one of whom must be a close relative, subject to surrender within four weeks.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the assault and injuries inflicted.
- Whether the existence of a compromise settlement between the parties influences the grant of bail.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to conditionally release the petitioners.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 127(2), 3(5), 351(2), 352
Subjects
- bail
- inherent powers
- Section 482
- compromise settlement
- assault
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71292 of 2025
Arising Out of PS. Case No.-229 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
1. Bipindar Sah S/O Pramod Sah R/O Vill.- Balmi Nankar, Medan Sirsiya,
P.S.- Kalyanpur, Dist.- East Champaran.
2. Gayetri Devi W/O Pramod Sah R/O Vill.- Balmi Nankar, Medan Sirsiya,
P.S.- Kalyanpur, Dist.- East Champaran.
3. Pramod Sah S/O Hari Sah R/O Vill.- Balmi Nankar, Medan Sirsiya, P.S.-
Kalyanpur, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Kalyanpur P.S. Case No. 229 of 2025 registered
for the offences punishable under Sections 127(2), 115(2),
118(2), 109, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. On the fateful day, while the informant was making
construction of the stairs in his house, the same was objected by
the petitioners, when the same was confronted the petitioner
no.3 assaulted the informant’s grand-father by means of Dabia
on his nose, due to which he sustained injuries. The petitioner
Patna High Court CR. MISC. No.71292 of 2025(3) dt.11-02-2026
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no.1 also assaulted him by means of lathi over his head. There is
further allegation against the petitioner no.2 of causing assault
by means of hands and legs.
4. Learned Advocate for the petitioners taking this
Court through the F.I.R. contended that in fact the parties are
Pattidars and next door neighbours and only on account of a
land dispute they entered into a free fight, resulting into injuries
to the persons of both the sides. There is a counter version of the
present case, being Kalyanpur P.S. Case No. 252 of 2025
instituted against the informant and others. In the said incidence,
the persons of the petitioners’ side also sustained injuries.
Moreover, the parties have settled the dispute and now they do
not want to pursue the matter; for the said purpose they have
also filed a compromise petition before the jurisdictional court.
The petitioners are the persons of fair antecedent and they
undertake that they will fully cooperate in the proceeding of the
court.
5. On the other hand, learned APP for the State
vehemently opposes the bail application and submits that the
grand-father of the informant has sustained grievous injuries, as
during course of his medical examination, displaced fracture in
bilateral nasal bones have been found.
Patna High Court CR. MISC. No.71292 of 2025(3) dt.11-02-2026
3/3
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the genesis of the occurrence, coupled with the factum of
case and counter case, besides the fact that the parties did not
want to litigate the matter in the court, for which they have filed
compromise petition, let the petitioners, named above, in the
event of their arrest or surrender before the court below within
four weeks from the date of receipt/production of a copy of this
order, be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-12, Motihari, East Champaran in connection
with Kalyanpur P.S. Case No. 229 of 2025, subject to the
condition as laid down under Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 with the further condition that
one of the bailors shall be the own/close relative of the
petitioners.
(Harish Kumar, J)
uday/-
U T
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