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Patna High Court

Prabhu SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the BNSS.

Summary

Petitioner Prabhu Sah sought anticipatory bail fearing arrest in a case (PS No.136/2025) involving offences under Sections 126(2), 115(2), 118(1), 190, 191(2), 351(2), 74, 352 and 3(5) of the Bharatiya Nyaya Sanhita. The informant alleged a violent assault on her and her family by a group of accused, including the petitioner, while the petitioner contended he has a clean antecedent and is falsely implicated, noting a prior land‑dispute case filed by his father. The State opposed the bail. The court examined the submissions, noted the petitioner’s claim of no prior criminal record, and, invoking Section 482(2) of the BNSS, granted anticipatory bail on condition of furnishing bail bonds and sureties, subject to the trial court’s satisfaction.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita despite the serious nature of the alleged offences.
  • Whether the petitioner’s claim of false implication and clean antecedent warrants the relief of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • clean antecedent
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12664 of 2026
                  Arising Out of PS. Case No.-136 Year-2025 Thana- GOPALPUR District- West Champaran
                 ======================================================
                 Prabhu Sah S/o- Sri Hiraman Sah R/v- Sundargawan W.No-18, Ps- Gopalpur
                 Dist- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XX D/o- XYZ R/v- Sundargawan W.No-18, Ps- Gopalpur Dist- West
                 Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sharad Kumar Verma
                 For the Opposite Party/s :       Mr.Uma Shankar Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-03-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 190, 191(2), 351(2), 74, 352 and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that while he had gone to attend the call of nature when

                   accused persons including the petitioner came and threatened of

                   dire consequences if the case instituted against them is not

                   withdrawn, on objection, accused persons abused and Buddhan
Patna High Court CR. MISC. No.12664 of 2026(2) dt.23-03-2026
                                            2/3




          assaulted her by an iron rod causing injury on nose on account

          of which she fell when other accused assaulted with stick and

          rod causing injury and Guddu tore her salwar unveiling her, on

          alarm her family members came and took the informant home,

          further at 8 pm the informant along with her mother and sister

          went to the house of Buddhan, when 13 named accused persons

          abused and Banarsi assaulted her mother by stick while Guddu

          Tunna assaulted the informant and Banarsi assaulted her sister

          by axe causing injury on head, further Buhdhan and Banarsi

          assaulted her father and Tunna along with Nagmati Devi

          assaulted her brother.

                     4.   Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that petitioner is a person with

          clean antecedent, but then the order impugned inadvertently

          records that petitioner has antecedent of two cases. It is further

          submitted that father of the petitioner filed TS Case No. 150 of

          2025 against father of the informant for resolving land dispute,

          as such he came to be implicated with no specific allegation of

          assault.

                     5.   Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.
              Patna High Court CR. MISC. No.12664 of 2026(2) dt.23-03-2026
                                                          3/3




                                 6.     Considering the submissions made by the learned

                        counsel for the petitioner, the petitioner above-named, in the

                        event of his arrest or surrender within a period of six weeks

                        from today, be released on anticipatory bail on furnishing bail

                        bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Gopalpur P.S. Case No. 136 of 2025 subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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