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Patna High Court

BINOD SAH @ BINOD KUMAR SAHversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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 The court permitted Binod Sah to withdraw his application, dismissing it as withdrawn.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

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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