Patna High Court
Sahil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that no prima facie case of assault exists against the petitioners and therefore granted anticipatory bail.
Summary
The petitioners, Sahil Kumar and Vishal Kumar, sought anticipatory bail after an FIR (Case No. 577 of 2025) alleged they assaulted an informant and committed criminal trespass, invoking several sections of the Bhartiya Nyay Sanhita, 2023. They contended that the case was false, filed in retaliation to an earlier SC/ST case they had lodged against the informant’s family, and asserted they had clean antecedents. The State opposed the bail. The court examined the FIR and found that no prima facie allegation of physical assault specifically against the petitioners existed. Consequently, the court ordered that the petitioners be released on anticipatory bail upon surrender within four weeks, subject to a bail bond and sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order emphasized the petitioners' clean records and the lack of substantive evidence linking them to the alleged assault.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in view of the FIR allegations.
- Whether the FIR establishes a prima facie case of assault against the petitioners.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482
- Bhartiya Nyay Sanhita, 2023 — s. 115, 126, 191, 351, 352, 74, 76, 79
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 BNSS
- false case
- assault
- clean antecedent
- Bhartiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10667 of 2026
Arising Out of PS. Case No.-577 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
1. Sahil Kumar S/o- Late Sunil Kumar Moh- Jawahar Tola, P.S.- Ara Nawada,
District- Bhojpur
2. Vishal Kumar S/o- Pradeep Ram @ Pradeep Paswan Moh- Jawahar Tola,
P.S.- Ara Nawada, District- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tanu Kumari W/o- Manish Kumar Moh- Jawahar Tola, P.S.- Ara Nawada,
District- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Bhawana Jha, Advocate
For the Opposite Party/s : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Both accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Ara Nawada P.S.
Case No. 577 of 2025 registered for the offences punishable
under Sections 191(2), 126(2), 115(2), 74, 76, 79, 351(2),
352 of the Bhartiya Nyay Sanhita, 2023 (in short, the
‘B.N.S.’).
3. As per FIR, petitioners alleged to assault the
informant alongwith other named co-accused persons after
Patna High Court CR. MISC. No.10667 of 2026(2) dt.24-02-2026
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criminal trespass to the house of informant where occurrence
alleged to be arising out of trivial issues regarding quarrel
between the children.
4. Learned counsel appearing on behalf of the
petitioners submitted that prior to this occurrence a case was
lodged by petitioners’ side against the informant and family
members which was registered as SC/ST P.S. Case No. 40 of
2025.
5. It is submitted that to counter the aforesaid case,
the present false case was lodged, where specific allegation as
to cause physical assault is available against Ram Kumar and
Pawan Paswan. It is pointed out that these petitioners were
implicated only being family members of co-accused Ram
Kumar and Pawan Paswan. Petitioners claimed clean
antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. In view of the aforesaid factual submissions and by
taking note of the fact as allegation qua causing physical
assault prima facie not appears available against these
Patna High Court CR. MISC. No.10667 of 2026(2) dt.24-02-2026
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petitioners, who are men of clean antecedent, accordingly,
both above-named petitioners, in the event of their
arrest/surrender within a period of four weeks from this
order, are directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Bhojpur at Ara/concerned court in
connection with Ara Nawada P.S. Case No. 577 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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