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Patna High Court

Saif AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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