Patna High Court
Anand SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court ordered the release of the petitioner on bail with a bond of Rs.10,000 and specified conditions.
Summary
Anand Sah was arrested on 14 January 2026 in connection with FIR No. 181 of 2025 alleging assault on an informant and his son, with charges under Sections 126(2), 115(2), 118(1), 109(1), 352 and 351(2) of the Bharatiya Nyay Sanhita, 2023. The petitioner pleaded that he has a clean antecedent and that the allegations are fabricated, arising from a petty dispute, and that the FIR contains only a generic accusation against all accused. The State and the informant opposed bail, asserting the petitioner’s participation in the crime. The Court examined the material and, noting the lack of specific incriminating details and the petitioner’s clean record, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of antecedents. The order directed that bail should not be delayed for antecedent verification.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyay Sanhita, 2023.
- Whether the allegations against the petitioner are false and amount to a fabricated case.
- Whether the petitioner poses a risk of tampering with evidence or fleeing the trial.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyay Sanhita
- false allegations
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16929 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- SIKTA District- West Champaran
======================================================
Anand Sah Son of Ramjee Sah R/o Vill.- Laxmipur, P.S.- Sikta, Dist.- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
For the Informant : Mr. Bimlesh Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Rajive Ranjan Singh, learned counsel
for the petitioner, Mr. Rana Randhir Singh, learned Additional
Public Prosecutor for the State as well as Mr. Bimlesh Kumar
Pandey,learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
14.01.2026 in connection with Sikta P.S. Case No. 181 of 2025,
F.I.R. dated 09.12.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2) of the
Bharatiya Nyay Sanhita, 2023.
3. Allegation against the petitioner is that he assaulted
the informant and his son.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.16929 of 2026(2) dt.17-03-2026
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implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. It appears from the FIR
that due to some petty dispute the present occurrence has taken
place. Although the petitioner is named in the FIR but from bare
perusal of the FIR it appears that there is no specific allegation
of assault or overt act against him rather there is general and
omnibus allegation against all the accused persons including the
petitioner and the petitioner is in custody since 14.01.2026.
5. The learned Additional Public Prosecutor as well as
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner and submits that the petitioner is
named in the FIR and he has participated in the present crime in
question.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned C.J.M.,
Bettiah, West Champaran in connection with Sikta P.S. Case
No. 181 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.16929 of 2026(2) dt.17-03-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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