Patna High Court
BINOD SAH @ BINOD KUMAR SAHversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to petitioner no.2 subject to a bail bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, 2023.
Summary
Binod Sah and Vikash Kumar filed an anticipatory bail application in a case registered under Sections 189(2), 126(2), 115(2), 118(1), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita for alleged assault on an informant. The court permitted Binod Sah to withdraw his application, dismissing it as withdrawn. For Vikash Kumar, the court observed that the FIR did not specifically allege his participation and that the injury to the informant was simple in nature. Considering the lack of a specific allegation against him and his clean record, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties. The bail is conditioned on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and must be ordered by the lower court within four weeks of his surrender or arrest.
Issues considered
- Whether anticipatory bail can be granted to petitioner no.2 in the absence of a specific allegation against him in the FIR
- Whether the nature of the injury (simple) and the delay in filing the FIR affect the grant of anticipatory bail
- Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, 2023 are applicable
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 189(2), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- bail bond
- FIR
- simple injury
- withdrawal of application
- Cr.P.C. Section 438
- BNSS Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88181 of 2025
Arising Out of PS. Case No.-271 Year-2024 Thana- KESARIA District- East Champaran
======================================================
1. BINOD SAH @ BINOD KUMAR SAH S/O RAJENDRA SAH R/o vill -
Dilwarpur, P.S.- Kesaria, Distt.- East Champaran
2. Vikash Kumar S/o Jagadish Sah @ Jagdish Sah R/o vill - Dilwarpur, P.S.-
Kesaria, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. After some arguments, learned counsel for the
petitioners seeks permission to withdraw this application with
regard to petitioner no.1.
3. Permission is granted.
4. Accordingly, this application with regard to
petitioner no.1 is dismissed as withdrawn.
5. However, if the petitioner no. 1 surrenders before
the learned Court below within a period of four weeks from
today and seeks regular bail, the learned Court below would
pass the order, preferably, on the same day, without being
prejudiced by this order.
Patna High Court CR. MISC. No.88181 of 2025(2) dt.15-01-2026
2/3
6. Now, this application survives only with regard to
petitioner no.2.
7. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 189(2),
126(2), 115(2), 118(1), 109, 352, 351(2) of the Bharatiya Nyaya
Sanhita.
8. The allegation in the First Information Report is
that the petitioner along with other co-accused persons assaulted
the informant, due to which he received injury on his head.
9. The learned counsel for the petitioner submits that
it would be evident from bare perusal of the First Information
Report that the specific allegation of assaulting the informant on
his head causing incised injury to him is upon petitioner no.1
and so far as the petitioner no.2 is concerned, there is no specific
allegation of assault. It has also been submitted that despite the
fact that the F.I.R. was registered on the same day, there was a
delay of four days in sending the F.I.R. to the concerned Court
and it is also a fact that the nature of injury suffered by the
informant is said to be simple in nature although suffered on the
vital part for which the petitioner no.2 is not responsible.
10. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Patna High Court CR. MISC. No.88181 of 2025(2) dt.15-01-2026
3/3
Information Report.
11. Taking into consideration the facts and
circumstances and considering the fact that there is no specific
allegation on petitioner no. 2 and the injury caused to the
informant is also simple in nature, let the above named
petitioner no. 2, who has no criminal antecedent, be released on
bail, in the event of his arrest or surrender before the learned
Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Kesariya P.S. Case No. 271 of 2024,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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