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Patna High Court

Puran Prasad Sah @ Puran SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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