Patna High Court
Arvind Saw @ Arvind Prasad SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
Arvind Saw applied for anticipatory bail after being named in a FIR alleging assault on the informant's son, with charges under multiple sections of the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, arguing that the allegations were vague and that co‑accused had already been granted anticipatory bail. The State and the informant opposed the bail. The court examined the nature of the accusations, the petitioner’s apprehension of arrest, and the precedent of bail granted to others. Considering the circumstances, the court allowed anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged assault charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 118(2), 126(2), 127(2), 190, 191(1), 191(3), 192, 351(2), 352, 74
Subjects
- anticipatory bail
- assault
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12335 of 2026
Arising Out of PS. Case No.-329 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
Arvind Saw @ Arvind Prasad Saw Son of Bhagawat Saw Resident of Village-
Buchchi, P.S.- Nardiganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
For the Informant : Mr. Rahul Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 127(2), 109,
351(2), 352, 118(2), 74, 191(1), 192, 190, 191(3) of the
Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that 15 F.I.R. named
accused persons, including this petitioner, assaulted the son of
informant with lathi, danda, iron rod as a result of which, he
sustained multiple injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus and there is no allegation of
Patna High Court CR. MISC. No.12335 of 2026(2) dt.24-02-2026
2/2
any specific overt act against petitioner. Similarly situated co-
accused persons have already been granted anticipatory bail by
co-ordinate Bench of this Court vide order dated 12.01.2026
passed in Cr. Misc. No. 88879 of 2025.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering backdrop of the case, nature of
accusation and other facts and circumstances of the case, this
anticipatory bail is allowed and it is 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 Judicial Magistrate, 1st Class, Nawada in
connection with Nardiganj P. S. Case No. 329 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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