Patna High Court
Rakesh Sah @ Rakesh Sah GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond of Rs 20,000 and two sureties, under the conditions of Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Rakesh Sah, sought anticipatory bail fearing arrest in a case (PS Case No. 271/2025) alleging offences under sections 191(2), 190, 115(2), 118(1), 109(1), 303(2) and 351(2) of the Bharatiya Nyaya Sanhita. He claimed the dispute arose from a road‑blocking incident, that both parties had agreed not to prosecute, and that the FIR was lodged after an eight‑day delay with false allegations and only minor injuries. The State opposed the bail. The Court examined the delay, the nature of the alleged injuries and the possibility of false allegations, and concluded that anticipatory bail was appropriate. Accordingly, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs 20,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was made within six weeks of any arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged false FIR and the eight‑day delay in lodging the complaint
- Whether the offences alleged under sections 191(2), 190, 115(2), 118(1), 109(1), 303(2) and 351(2) of the BNSS preclude the grant of anticipatory bail
- Whether Section 482(2) of the BNSS authorises the Court to impose bail conditions in this case
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 190, 191(2), 303(2), 351(2), 482(2)
Subjects
- anticipatory bail
- false FIR
- delay in filing FIR
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- Section 191
- Section 190
- Section 115
- Section 118
- Section 109
- Section 303
- Section 351
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13104 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- PATKHAULI District- West Champaran
======================================================
Rakesh Sah @ Rakesh Sah Gond, S/o Shyam Sah Gond, R/o Village-
Mangalpur, Ausani, Police Station- Pathkhauli, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Pathkhauli P.S. Case No. 271 of 2025 registered for the
offences punishable under sections 191(2), 190, 115(2), 118(1),
109(1), 303(2) and 351(2) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that on
31.10.2025, a dispute arose in between both the parties on
account of blocking of a road, resulting in marpit in between
them and thereafter both the parties agreed not to file any case
against each other and remained silent, however, after 8 days, the
informant of the present matter proceeded to lodge the FIR
bearing Pathkhauli P.S. Case No. 271/2025, alleging injuries to
the injured persons as detailed in the FIR but the allegations
levelled by him in the FIR are totally false. Further, on the bodies
of the injured persons, no any serious injury was found and all
their injuries were opined to be simple in nature. It is further
Patna High Court CR. MISC. No.13104 of 2026(2) dt.26-02-2026
2/2
submitted that both the parties are co-villagers and next-door
neighbours and there is case and counter case in between them.
4. Learned APP for the State has opposed the prayer
of the petitioner.
5. In the facts and circumstances of this case,
considering the aforesaid submissions, the pleas taken by the
petitioner in this petition, coupled with the nature of injuries of
the injured persons as stated above and mainly the delay of 8
days on the part of the informant in lodging the FIR with regard
to the alleged occurrence, in my opinion, it is a fit case to grant
the relief of anticipatory bail to the petitioner. Accordingly, let
the petitioner named-above, in the event of his arrest or surrender
before the learned Court below within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bond of
Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned in
connection with Pathkhauli P.S. Case No. 271 of 2025, subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
annu/-
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