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Patna High Court

Sanjay SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, directing release upon furnishing bail bonds and sureties.

Summary

Petitioners Sanjay Sah and Parmila Devi sought anticipatory bail in a case registered under several IPC sections for alleged assault with an axe, robbery and other offences arising from a land dispute with the informant, who is an agnate. They asserted clean antecedents and contended that the FIR was a retaliatory measure, noting a prior case filed by the wife against the informant. The State and the informant opposed bail but could not rebut the claim that the injuries were simple and the allegations were not serious. The Court, after considering the submissions, applied Section 482(2) of the Criminal Procedure Code and ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to conditions. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the CrPC in view of the alleged offences under the IPC.
  • Whether the allegations constitute a serious offence warranting denial of bail.
  • Whether the petitioners have been falsely implicated in the FIR.

Legislation cited

  • Indian Penal Code — s. 109(1), 115(2), 118, 126(2), 303(2), 329(3), 3(5), 351(2), 352, 74

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • IPC offences
  • land dispute
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13957 of 2026
                     Arising Out of PS. Case No.-510 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
           1.     Sanjay Sah S/O Late Jyotik Sah R/O Village- Ashok Pakari, Tiwari Tola,
                  P.S-Pipra ,District- East Champaran.
           2.    Parmila Devi W/O Sanjay Sah R/O Village- Ashok Pakari, Tiwari Tola, P.S-
                 Pipra ,District- East Champaran.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Nisha Verma
                 For the Opposite Party/s :        Mr.Zainul Abedin- A.P.P.
                                                   Mr.Sanjay Kumar Tiwari
                                                   Mr.Mohan Kumar Tiwari
                                                   Mr.Ujjawal Kumar
                                                   Mr/s. Nidhi Shree
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  1. Heard learned counsel for the petitioners, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the informant.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 126(2), 115(2), 118, 109(1), 303(2), 329(3), 74, 352,

                   351(2), 3(5) of the B.N.S.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and petitioner

                   no.2 is a woman and the informant alleges that on account of

                   dispute relating to land, petitioner no.1 assaulted her by Axe
Patna High Court CR. MISC. No.13957 of 2026(2) dt.31-03-2026
                                            2/3




          causing injury on head and Pramila assaulted by an iron rod

          while named accused including petitioner no.2 snatched earring

          and Rs.10,000/-.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation itself, it would manifest that on account of dispute

          relating to land, the occurrence is alleged to have taken place. It

          is also submitted that petitioners and the informant are agnates

          and are having dispute relating to land. It is also submitted that

          from the side of the petitioners also, Pipra P. S. Case No.508 of

          2025 has been instituted by petitioner no.2 against the informant

          and her side, as such, the instant FIR is a counter-blast. It is also

          submitted that though it is alleged that petitioner no.1 assaulted

          the informant by Axe causing injury on head, but then, the blow

          was not repeated and the injury has been opined to be simple in

          nature and petitioners are not criminals and as far as petitioner

          no.2 is concerned, the allegation against her is ornamental.

                       5. Learned A.P.P. as well as the learned counsel

          appearing on behalf of the informant opposes the anticipatory

          bail application, but then, are not in a position to rebut the

          submission of the learned counsel appearing on behalf of the
               Patna High Court CR. MISC. No.13957 of 2026(2) dt.31-03-2026
                                                           3/3




                         petitioners that the blow was not repeated and the injury has

                         been opined to be simple in nature and petitioners are not

                         criminals.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioners, the petitioners, above-named, in the

                         event of their arrest or surrender before the learned Court below

                         within a period of six weeks, are directed to be released on

                         anticipatory bail on their furnishing bail-bonds in the sum of Rs.

                         10,000/- (Rupees Ten Thousand) each 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

                         Pipra P. S. Case No.510 of 2025, subject to the conditions laid

                         down under Section 482(2) of the B.N.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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