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Patna High Court

Rakesh Sah @ Rakesh Sah GondversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U        T


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