Created by Fuzzy Cloud

Patna High Court

Bipindar SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.