Patna High Court
Puran Prasad Sah @ Puran SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail should be granted to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Puran Prasad Sah, sought anticipatory bail fearing arrest in a case involving numerous offences under the Bihar Negotiable Special (BNS) Act, 2023 and the Arms Act. He alleged that the FIR was based on an informant’s claim that a mob, led by others identified in CCTV footage, assaulted SSB personnel after a Nepalese entrant arrived, and that he was merely a nearby witness who was falsely implicated. The State opposed the bail, arguing the seriousness of the charges. The Court examined the lack of specific allegations against the petitioner, his clean antecedent, and his willingness to cooperate with the investigation. It granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations against him.
- Whether the material on record justifies denial of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false implication
- mob assault
- SSB personnel
- CCTV evidence
- Criminal Procedure Code
- Bihar Negotiable Special Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18382 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Puran Prasad Sah @ Puran Sah S/O Late Basudev Sah R/O Vill.-
Mahinathpur, P.S. - Basopatti, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
Ms. Archna Aanand, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 191(1),
191(2), 190, 126(2), 115(2), 118(1), 109, 303(2), 332, 121(1),
121(2), 352 and 351(2) of the BNS, 2023 as well as Section 27
of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 23.07.2025, at 10:00 a.m., Bharat Paswan was
entering Indian Territory from Nepal and, on being questioned
by the SSB Personnel, he called his villagers and Mohan
Paswan came leading a mob and the mob created ruckus and
assaulted the SSB Personnel injuring them. Further, accused
Patna High Court CR. MISC. No.18382 of 2026(2) dt.01-04-2026
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persons were identified by CCTV footage in which Rakesh,
Shyam and Upendra were seen instigating the mob.
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 no
specific allegation is alleged against the petitioner. It is next
submitted that even in the CCTV footage, named accused
persons were seen instigating the mob. It is also submitted that
since the petitioner resides close by to the place of occurrence,
as such, out of inquisitiveness, he also came at the place of
occurrence to witness what was happening and, thus, came to be
implicated. It is submitted that petitioner will not abscond rather
will cooperate in the investigation to prove his innocence.
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 for 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
Patna High Court CR. MISC. No.18382 of 2026(2) dt.01-04-2026
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Court where the case is pending/Successor Court in connection
with Basopatti P.S. Case No. 172 of 2025, 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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