Patna High Court
Prabhu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 126(2), 190, 191(2), 3(5), 351(2), 352, 482(2), 74
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/-
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