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Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court allowed anticipatory bail, directing that the petitioner be released on bail if arrested within eight weeks, subject to a bond and sureties.

Summary

The petitioner, Sanjay Kumar, sought anticipatory bail after an FIR alleged that he assaulted an informant with a dab during a family feud, invoking several offences under the Bharatiya Nyaya Sanhita. Both parties are agnates, and the petitioner argued that the altercation was mutual and stemmed from a domestic dispute. The State opposed the bail, contending the seriousness of the charges, which included sections relating to assault, murder, and other violent offences. The Court considered the familial relationship, the nature of the allegations, and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. It granted anticipatory bail, directing that if arrested within eight weeks, the petitioner could be released on a bail bond of Rs.10,000 with two sureties. The order was subject to compliance with the conditions laid down by the Chief Judicial Magistrate of Saran.

Issues considered

  • Whether anticipatory bail should be granted in a case involving multiple serious offences under the Bharatiya Nyaya Sanhita.
  • Whether the familial relationship between the parties warrants a more lenient bail approach.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita empowers the High Court to grant anticipatory bail in this circumstance.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • family feud
  • assault
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482(2)
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1061 of 2026
                       Arising Out of PS. Case No.-677 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Sanjay Kumar Son of Narendra Rai @ Jiwat Rai Resident of Village -
                 Najarmira, P.S.- Sonpur, District - Saran at Chapra

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :       Mrs. Pushpa Sinha.1, Addl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   22-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 115(2), 126(2), 109,

                   303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., enraged by the intervention of the

                   father of informant, this petitioner is alleged to have assaulted

                   informant with dab, upon his head.

                                4. Learned counsel for the petitioner submits that both

                   parties are agnates and due to family feud, altercation took place

                   in which both sides sustained injuries. Case and counter case.

                                5. Learned A.P.P. for the State vehemently opposed

                   the bail application.

                                6. Considering the relation between the parties and

                   nature of accusation, this anticipatory bail is allowed and it is
              Patna High Court CR. MISC. No.1061 of 2026(2) dt.22-01-2026
                                                          2/2




                        ordered that let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned Chief Judicial

                        Magistrate, Saran at Chapra in connection with Sonpur P. S.

                        Case No. 677 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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