Patna High Court
Sanjay SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
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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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