Patna High Court
RINKU SAH @ RAKESH KUMARversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Rinku Sah, was accused of assaulting the informant during a dispute over vegetable stalls, allegedly causing a fractured hand and head injury. The FIR listed offences under several sections of the Bharatiya Nyaya Sanhita. The petitioner argued that the dispute was a private quarrel, the injury was to a non‑vital part of the body, and he had no prior criminal record. The court considered the nature of the grievance, the extent of injury, and the petitioner’s clean antecedents. Concluding that the circumstances did not warrant pre‑emptive detention, the court granted anticipatory bail with a bond and surety condition. The bail was conditioned on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the nature of the injury (grievous but to a non‑vital part) and the private dispute justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- grievous hurt
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- market dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 18524 of 2026
Arising Out of PS. Case No.-260 Year-2025 Thana- JANTA BAZAR District- Saran
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Rinku Sah @ Rakesh Kumar S/o Late Laxmi Sah R/o Village- Basahi Chak,
P.S.- Janta Bazar, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Anuj, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 08-04-2026 Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Janta Bazar Police Station Case No. 260 of 2025,
disclosing offences under Sections 126(2), 115(2), 117(2), 109,
118(1), 352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita.
3. The prosecution case, as per the First Information
Report, is that on 17.10.2025, the petitioner, along with other
accused persons, had altercation with the grandson of the
informant over setting up of a vegetable stall in the market. On
18.10.2025, at about 6:00 AM, while the informant was going to
tea stall, the petitioner and co-accused caught hold of him, and
the petitioner, with intention to kill, gave iron blow upon the
Patna High Court CR. MISC. No. 18524 of 2026(3) dt.08-04-2026
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hand and head of the informant due to which the hand of the
informant got fractured.
4. Learned counsel for the petitioner submits that the
occurrence took place on account of dispute regarding setting up
of vegetable stalls in the market between the parties. Both
parties are neighbours, and members of the petitioner’s side also
sustained injuries, but no FIR has been lodged by them. The
petitioner is about 49 years of age and has no criminal
antecedents. The injury sustained by the informant on the hand
(ulna) has been described as grievous, which is not a vital part
of the body, and the injury on the head has not been opined as
grievous, as would be evident from the impugned order itself.
5. Considering the nature of dispute between the
parties and the fact that the grievous injury has sustained on a
non-vital part of the body, I am inclined to grant the petitioner
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, Saran at
Patna High Court CR. MISC. No. 18524 of 2026(3) dt.08-04-2026
3/3
Chapra, in connection with Janta Bazar Police Station Case No.
260 of 2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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