Patna High Court
Saif AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Petitioner Saif Ali was accused of assaulting a neighbour and her daughter, causing dental injuries, after a dispute over drainage. The FIR was lodged nine days after the alleged incident, and the petitioner argued the injury was not serious and the delay was inordinate. The court considered the long‑standing agnate relationship, the nature of the alleged offences under the Bhartiya Nyaya Sanhita, and the delay in filing the FIR. Finding that the circumstances did not warrant denial of bail, the court exercised its power under Section 438(2) of the CrPC to grant anticipatory bail. The petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the usual conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the CrPC in view of the alleged offences under the Bhartiya Nyaya Sanhita
- Whether the delay in lodging the FIR and the seriousness of the injury affect the grant of anticipatory bail
Legislation cited
- Bhartiya Nyaya Sanhita — s. 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- assault
- delay in FIR
- neighbour dispute
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10257 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- NAUTAN District- Siwan
======================================================
Saif Ali S/o Nizamuddin Resident of Village - Angauta, P.S. - Nautan, District
- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh
For the Opposite Party/s : Mr. Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 23-04-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Nautan Police Station Case No. 253 of 2025, dated
08.10.2025, disclosing offences under Sections
126(2)/118(1)/117(2)/303(2)/74/352/351(2)/351(3)/3(5)
of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 30.09.2025 at about 3:00 PM, while the
informant and her daughter were at their door, the
petitioner arrived there in drunken condition and started
abusing and misbehaving with informant and her
daughter. When protested, the petitioner assaulted the
informant with brick, breaking two of her teeth. It has
Patna High Court CR. MISC. No.10257 of 2026(3) dt.23-04-2026
2/3
further been alleged that when the informant was going
for medical treatment, the accused persons, including the
petitioner, intercepted and assaulted the informant and her
daughter.
4. Learned counsel for the petitioner submits that the both
the parties are agnates and neighbours and there is long
standing dispute between them regarding drainage. He
next submits that injury caused to the informant is not
serious in nature. He further submits that there is
inordinate delay of 09 days inasmuch as the occurrence
took place on 30.09.2025, but FIR has been lodged on
08.10.2025.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the nature of
allegation, long standing dispute between the parties and
inordinate delay in lodging the FIR, I am inclined to grant
the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount
Patna High Court CR. MISC. No.10257 of 2026(3) dt.23-04-2026
3/3
each to the satisfaction of learned Additional Chief
Judicial Magistrate, Darbhanga, in connection with
Bahera Police Station Case No. 256 of 2018, subject to
the condition laid down under Section 438 (2) of the Code
of Criminal Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.