Patna High Court
Harendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) Cr.P.C.
Summary
The petitioner, Harendra Sah, sought anticipatory bail after being implicated in a FIR alleging offences under IPC sections 341, 323, 504, 379, 307 and 34 arising from a violent incident on 4 June 2020 involving multiple accused. The FIR described specific assaults on the informant and his family and the theft of jewellery, but the allegation against the petitioner was described as general and omnibus. The petitioner argued that he was falsely implicated and that the FIR did not specifically name him. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Cr.P.C., to be complied with by the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C.
- Whether the allegations in the FIR against the petitioner are specific enough to deny bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- false implication
- IPC offences
- assault
- theft
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17088 of 2026
Arising Out of PS. Case No.-121 Year-2020 Thana- PAKRIDAYAL District- East Champaran
======================================================
Harendra Sah S/o- Late Dhrup Sah Resident of village- Sisahani P.S.-
Pakaridayal District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anant Kumar No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 341, 323, 504, 379, 307
and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges that
on 04.06.2020, at 06:00 p.m., 13 named accused persons including
women accused came and started absuing. On objection, Suraj Sah
assaulted the informant by rod causing injury on his head, while
Upendra Sah assaulted Urmila Devi, the wife of the informant by rod
causing injury on her head and Uma Shankar Sah assaulted Brij
Kishore Sah, the brother of the informant by lathi causing injury on
his head and Vipendra Sah assaulted Ramdev Sah, the another
brother of the informant by lathi causing injury and all the accused
persons assaulted Kiran Devi and snatched her earrings worth
Patna High Court CR. MISC. No.17088 of 2026(2) dt.09-04-2026
2/2
Rs.22,000/-, on alarm villagers gathered and saved them and the
injured were taken to the hospital.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the allegation
as alleged in the FIR, it would manifest that specific allegation of
assault is alleged against the named accused persons and as far as
petitioner is concerned, the allegation against him is general and
omnibus in nature.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) 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 Pakaridayal P.S. Case No. 121 of 2020, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…