Patna High Court
KAILASH SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita, subject to prescribed conditions.
Summary
The petitioners sought anticipatory bail in connection with a criminal case (Harsidhi P.S. Case No. 28 of 2023) alleging offences under several IPC sections, including assault and attempt to murder. The prosecution alleged that the petitioners formed an unlawful assembly and assaulted the informant and his family members, causing simple injuries. The petitioners contended they were falsely implicated, the injuries were minor, there was no pre‑meditation to kill, and they have clean criminal records. The State opposed the bail, arguing the seriousness of the offences. The court, after considering the facts and the nature of the allegations, granted anticipatory bail on the condition of a bail bond and sureties, invoking Section 482(2) of the Bharitya Nagrik Suraksha Sanhita. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita despite allegations under IPC sections 147, 149, 341, 323, 324, 307 and 504.
- Whether the alleged simple injuries and lack of pre‑meditation justify the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 147, 149, 307, 323, 324, 341, 504
Subjects
- anticipatory bail
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- Indian Penal Code
- unlawful assembly
- simple injury
- pre‑meditation
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17694 of 2026
Arising Out of PS. Case No.-28 Year-2023 Thana- HARSIDHI District- East Champaran
======================================================
1. KAILASH SAH S/o- Late Ramdev Sah R/v- Padariya Ps- Harsidhi Dist-
East Champaran
2. Kabilash Sah S/o- Late Ramdev Sah R/v- Padariya Ps- Harsidhi Dist- East
Champaran
3. Shyam Sundar Kumar @ Santu Kumar S/o- Kabilash Sah R/v- Padariya Ps-
Harsidhi Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The Petitioners are apprehending their arrest in
connection with Harsidhi P.S. Case No. 28 of 2023 registered
for the offences punishable under Sections 147, 149, 341, 323,
324, 307 and 504 of the I.P.C.
3. As per the prosecution case, when the informant
and others were returning after the measurement of land, the
petitioners and co-accused persons formed an unlawful
assembly and began abusing the informant. It is alleged that
Kabilash Sah (petitioner no. 2) assaulted the informant on his
Patna High Court CR. MISC. No.17694 of 2026(3) dt.29-04-2026
2/3
hand with an iron rod. When Mithun Kumar (son of the
informant) arrived, he was also assaulted by Santu Kumar
(petitioner no. 3), as a result of which he sustained head injury.
It is further alleged that when Arjun Sah (another son of the
informant) came to intervene, Kailash Sah (petitioner no. 1)
assaulted him on the head with a farsa. It is also alleged that
when wife, daughter, and daughter-in-law of the informant came
to intervene, they too were assaulted by co-accused Sharmila
Devi and Ribha Devi with fists and lathi. On hearing the
commotion, nearby people arrived and took all the injured
persons to the hospital.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have been falsely
implicated in this case. It has further been submitted that
Kailash Sah (petitioner no. 1) is alleged to have assaulted the
son of the informant, namely Arjun Sah, and the injury sustained
by him is simple in nature. The allegation against Kabilash Sah
(petitioner no. 2) is that he assaulted the informant on his hand,
and the final injury report suggests that the informant sustained
only a simple injury. It has also been submitted that Santu
Kumar (petitioner no. 3) assaulted another son of the informant,
namely Mithun Kumar, and his injury also appears to be simple
Patna High Court CR. MISC. No.17694 of 2026(3) dt.29-04-2026
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in nature. It has further been submitted that the alleged
occurrence took place suddenly, without any premeditation to
kill. Lastly, it has been submitted that the petitioners have clean
criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioners, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
concerned, East Champaran, in connection with Harsidhi P.S.
Case No. 28 of 2023, subject to the conditions as laid down
under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita
(B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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