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Patna High Court

Arvind Saw @ Arvind Prasad SawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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