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Patna High Court

Harendra SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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