Patna High Court
Sahindra Rai @ Sahindra Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail is granted to the petitioner subject to the conditions stipulated under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Sahindra Rai, sought bail fearing arrest in a case (PS‑Marhaura Case No. 412/2025) alleging assault with a sword causing grievous injury, charged under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s FIR named eight accused, including the petitioner, and highlighted a serious injury to the victim. The petitioner’s counsel argued his innocence, clean antecedent, and that the dispute stemmed from a long‑standing land conflict between the petitioner and the informant, who are agnates. The State’s counsel opposed bail but also noted the petitioner’s clean record and the land‑dispute motive. Considering the facts, the court granted bail on a bond of ₹30,000, subject to conditions under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and Section 482(2) of the same Act, including regular court appearances.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the land‑dispute motive and clean antecedent justify bail under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 12(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10489 of 2026
Arising Out of PS. Case No.-412 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Sahindra Rai @ Sahindra Prasad Yadav Son of Daroga Rai Resident of
village- Bhaluihi, Ps- Marhaura, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Marhaura P.S. Case No. 412 of 2025 lodged
on15.06.2025, for the offences punishable under sections 12(2),
115(2), 303(2), 118(1), 109, 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the F.I.R. has been
lodged against eight named accused persons including the
present petitioner. There is a specific allegation against the
petitioner that he assaulted the victim with a sword, due to
which the victim sustained injuries and became unconscious.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is further
Patna High Court CR. MISC. No.10489 of 2026(2) dt.12-03-2026
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submitted that the antecedent of the petitioner is clean. Learned
counsel submits that the petitioner and the informant are
pattidars and are closely related agnates. There has been a long-
standing land dispute between the parties. It is further submitted
that there is a case and counter-case between the parties arising
out of the same date and place of occurrence, in which scuffling
took place between both sides.
5. Learned APP for the State opposes the prayer for
bail; however, he concedes that the petitioner has a clean
antecedent. He further submits that from the F.I.R. and the order
of the learned trial court it transpires that the injury caused to
the victim is grievous in nature. However, he fairly submits that
both the petitioner and the informant are agnates and the dispute
appears to have arisen out of a long-standing land dispute
between them.
6. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the learned Judicial
Magistrate, Saran at Chapra, in connection with the aforesaid
Patna High Court CR. MISC. No.10489 of 2026(2) dt.12-03-2026
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case, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and with
further condition that (i) one of the bailor should be the family
member of the petitioner who shall provide official document to
show his bona fide; and (ii) the petitioner shall appear on each
and every date before the Trial Court and failure to do so for
two consecutive dates without plausible reason will entail
cancellation of his bail bonds by the Trial Court itself.
(Dr. Anshuman, J)
Ashwini/-
U T
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