Patna High Court
Shankar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, finding no sufficient ground to deny bail.
Summary
The petitioners, who are co‑sharers involved in a long‑standing land dispute, were accused of assaulting the informant and his family during construction work on 4 October 2025. The FIR was lodged only on 20 November 2025, raising questions about delay and seriousness of injury. The petitioners filed an anticipatory bail application under Section 438 of the CrPC and Section 482 of the Bihar Negotiable Security Act, 2023, contending that the case stems from a civil dispute and that no serious injury was proved. The prosecution highlighted offences under several sections of the BNSS, 2023, but the court noted the lack of substantial injury evidence and the delay in filing the FIR. Considering the co‑sharer relationship, the pending counter‑case, and the absence of serious injury, the court granted anticipatory bail to the petitioners subject to a bail bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 BNSS, 2023 given the delay in FIR filing and the nature of the alleged offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- co‑sharers
- assault
- delay in FIR
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12724 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- TARAIYA District- Saran
======================================================
1. Shankar Sah S/o- Late Maheshi Sah Vill -Nandanpur P.s-Taraiya Dist -Saran
2. Krishna Sah S/o- Late Maheshi Sah Vill -Nandanpur P.s-Taraiya Dist -Saran
3. Pankaj Sah @ Pankaj Kumar Sah S/o- Shankar Sah Vill -Nandanpur P.s-
Taraiya Dist -Saran
4. Guddu Sah @ Guddu Kumar Sah S/o- Suresh Sah @ Jagu Sah Vill
-Nandanpur P.s-Taraiya Dist -Saran
5. Suresh Sah @ Jagu Sah @ Jag Sah S/o- Krishna Sah Vill -Nandanpur P.s-
Taraiya Dist -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manaur Alam
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Taraiya Police Station Case No. 312 of 2025,
disclosing offences under Sections 126(2), 115(2), 118(1),
117(2), 118(2), 109, 351(2), 352, 3(5) of the BNS, 2023.
3. As per the prosecution case, on 04.10.2025,
while the foundation work of the house of the informant was
going on, the petitioners arrived there, started abusing and
assaulted the informant and his family members, including the
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labourers who were working.
4. Learned counsel for the petitioners submits that
the occurrence has taken place on 04.11.2025 and written
complaint has been submitted by the informant after 16 days on
20.11.2025 for lodging an FIR. Both the parties are co-sharers
having previous land dispute and petitioner nos. 1 and 2 have
filed Civil Misc. Case No. 1496 of 2016 for setting aside order
dated 25.07.2016 passed by learned court of Munsif-IV, Chapra
in Final Decree No. 58 of 2000 by which the learned court has
rejected the amendment of plaint for correcting the plot number.
In the said civil miscellaneous, a notice has been issued by this
Hon'ble Court.
5. Referring to para 8 of the application, learned
counsel submits that medical examinations of the injured
persons were done on 05.11.2025 and from the opinion of the
doctor, it transpires that the X-ray report of the injured persons
were not submitted and accordingly, opinion of the doctor is
reserved.
6. A counter case has been lodged by the side of the
petitioners against the informant and others bearing Taraiya PS
Case No. 324 of 2025. The petitioner nos. 1 and 2 are 62 years
and 75 years old and there is general and omnibus allegation
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against the six accused persons.
7. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
both the parties are co-sharers having land dispute, case and
counter cases are there, no apparent serious injury has been
brought on record by the prosecution and there is a delay in
lodging the FIR, I am inclined to grant the petitioners privilege
of anticipatory bail.
8. This application is, accordingly, allowed.
9. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-13, Saran, Chapra, in connection with Taraiya Police
Station Case No. 312 of 2025, subject to the condition laid
down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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