Patna High Court
Arvind Sah @ Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners have made out a prima facie case for pre‑arrest bail and ordered their release on bail.
Summary
Arvind Sah and Anand Kumar were charged under multiple sections of the Bihar Non‑Cognizable Offences Act for allegedly assaulting an informant and his mother in a land‑dispute. They contended that the incident was a spontaneous fight in self‑defence, resulting only in simple injuries, and asserted their clean criminal record. The State opposed their pre‑arrest bail. After reviewing the FIR, injury report, and medical opinion, the court found a prima facie case for bail, noting the minor nature of injuries and the existence of a case‑and‑counter‑case. Consequently, the court ordered their release on pre‑arrest bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Cr.P.C. §§ 438(2) and 482(2). The bail application was disposed of, with a directive to verify any other criminal antecedents that could nullify the order.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite charges under multiple sections of the Bihar Non‑Cognizable Offences Act.
- Whether the alleged assault, characterized as self‑defence with simple injuries, warrants denial of bail.
- Whether the petitioners' clean antecedent influences the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- self‑defence
- assault
- simple injury
- clean antecedent
- Bihar
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11529 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Arvind Sah @ Arvind Kumar Son of Ramji Prasad Resident of Belwa Rai,
Pethiya Tola, P.S. - Turkauliya, District - East Champaran, East Motihari.
2. Anand Kumar Son of Ramji Prasad Resident of Belwa Rai, Pethiya Tola,
P.S. - Turkauliya, District - East Champaran, East Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Deepak Kumar, Advocate
Mr. Dhandev Kumar, Advocate
For the Informant : Mr. Aditya Kumar Pandey, Advocate
Ms. Pragya Bharti, Advocate
For the State : Mr. Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 27-04-2026 Heard learned counsel appearing on behalf of the
petitioners; learned counsel appearing on behalf of the
informant and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Turkauliya P.S. Case No. 533 of 2025 registered for the
offence punishable under Sections 191(2), 190, 126(2), 115(2),
118(1), 303(2), 109, 352, 351(2) and 74 of the BNS.
3. As per the allegation made in the F.I.R., petitioners
along with other co-accused persons, had allegedly assaulted the
informant and his mother causing injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.11529 of 2026(3) dt.27-04-2026
2/3
petitioners submitted that the petitioners are innocent and they
have falsely been implicated in the present case. Both the
parties, who are agnate, were involved in dispute with respect to
a piece of land, due to which, they indulged into free fight and
as a result of heat of passion and spur of the moment, the
petitioners may have caused some injury to the informant in
their self defence without intention. As per the opinion of the
doctor, the injuries sustained by the informant and his mother
are simple in nature. There is case and counter case between the
parties. Petitioners have clean antecedent. On these grounds,
petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the injury report, the petitioners may have caused
some injury to the informant in his self defence without
intention and as per the opinion of the doctor, the injuris
sustained by the informant and his mother are simple in nature.
There is case and counter case between the parties. Petitioners
have clean antecedent. I find that the petitioners have, prima
facie, made out a case to be released on pre-arrest bail.
Patna High Court CR. MISC. No.11529 of 2026(3) dt.27-04-2026
3/3
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, East Champaran, Motihari,
in connection with Turkauliya P.S. Case No. 533 of 2025,
subject to the condition as laid down under Section 438(2)
Cr.P.C / 482(2) BNSS.
8. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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