Patna High Court
Ganesh BharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is warranted where the alleged offences are of a simple nature, the FIR is delayed, and the accused have no prior record, subject to prescribed conditions.
Summary
The petitioners, four members of the Bhar family, were accused of assaulting the brother and son of an informant with a sword and a farsa, allegedly over a dispute concerning a buffalo that entered the informant’s premises. They claimed the FIR was lodged three days after the incident, that the injuries were simple, and that they had no prior criminal record, asserting they were falsely implicated. The learned counsel sought anticipatory bail under Section 438 of the Cr.P.C., arguing the nature of the dispute and the delay in filing the FIR warranted relief. The Additional Public Prosecutor opposed the bail. Considering the simple nature of the injuries, the dispute‑related background, the delay in the FIR, and the petitioners’ clean record, the court granted anticipatory bail with conditions of surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and cooperation with the investigating agency. The order was pronounced by Justice Smt. Soni Shrivastava.
Issues considered
- Whether anticipatory bail under Section 438 Cr.P.C. should be granted in a case involving alleged assault with simple injuries.
- Whether the three‑day delay in filing the FIR and the dispute‑related context justify granting bail.
- Whether the petitioners’ lack of prior criminal antecedents and willingness to cooperate affect the bail decision.
Legislation cited
- B.N.S.S. — s. 109, 115, 118, 126, 190, 191, 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- assault
- FIR delay
- simple injuries
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13711 of 2026
Arising Out of PS. Case No.-362 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
1. Ganesh Bhar Son of Rati Bhar Resident of village- Dhanwahiya
(Khalwapatti) Police Station- Dhanha, District- West Champaran.
2. Bhola Bhar Son of Saginder Bhar Resident of village- Dhanwahiya
(Khalwapatti) Police Station- Dhanha, District- West Champaran.
3. Sukhari Bhar @ Sukhari Kumar Rajbhar Son of Mahesh Bhar Resident of
village- Dhanwahiya (Khalwapatti) Police Station- Dhanha, District- West
Champaran.
4. Ajay Bhar Son of Ganesh Bhar Resident of village- Dhanwahiya
(Khalwapatti) Police Station- Dhanha, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Milind Kumar Mishra
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections
126(2), 115(2), 118(1), 109, 191(2), 190 of the B.N.S.
3. Petitioners along with other accused persons are
said to have assaulted the brother and son of the informant with
sword and farsa.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the present case on
account of some petty dispute with regard to the fact that the
Patna High Court CR. MISC. No.13711 of 2026(2) dt.18-03-2026
2/3
buffalo of the petitioners had entered into the premises of the
informant for which cases have been filed from both the sides
and Annexure-P/2 is the case filed on behalf of the wife of the
petitioner no. 1. It is further submitted that the First Information
Report lodged by the informant has also been filed after a delay
of 3 days for which no explanation has been tendered. Further, it
will be apparent from the bail rejection order that the injuries
received by the injured persons are simple in nature. The
petitioners do not have any criminal antecedent and they
undertake to cooperate in the investigation and trial.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the similar nature of dispute
upon which the entire incident took place coupled with the
factum of simple nature of injuries, let the petitioners above
named, in the event of their arrest or surrender before the
learned Court below within a period of four weeks from today,
be enlarged on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with Dhanha
Patna High Court CR. MISC. No.13711 of 2026(2) dt.18-03-2026
3/3
P.S. Case No. 362 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.,
subject to the conditions that the petitioner shall appear before
the Investigating Agency and cooperate in the investigation.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…