Patna High Court
Gunjan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Gunjan, Ranjan and Anil Sah, sought anticipatory bail fearing arrest in connection with FIR No. 48 of 2018, which alleged offences under multiple IPC sections including assault and robbery. The prosecution alleged that the petitioners, along with others, assaulted the informant, with petitioners 1 and 2 accused of using a lathi and bamboo stick. The petitioners contended their innocence, noting that co‑accused had already been granted anticipatory bail and that petitioners 1 and 2 had a disclosed criminal antecedent while petitioner 3 had none. The State opposed the grant of anticipatory bail. The High Court, after considering the facts, granted anticipatory bail to all three petitioners subject to a bail bond of Rs.10,000 with two sureties each, and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including cooperation with investigation and verification of criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the alleged offences and their prior criminal antecedents.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- IPC offences
- bail conditions
- verification of antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21176 of 2026
Arising Out of PS. Case No.-48 Year-2018 Thana- ANDHRATHARHI District- Madhubani
======================================================
1. Gunjan Sah S/o- Mangnu Sah R/v- Pastan Ps- Andharathari Dist-
Madhubani
2. Ranjan Sah S/o- Mangnu Sah R/v- Pastan Ps- Andharathari Dist- Madhubani
3. Anil Sah @ Anil S/o- Jai Narayan Sah R/v- Pastan Ps- Andharathari Dist-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Jha, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Andharathari P.S. Case No. 48 of 2018, registered for the
offence punishable under Sections 147, 148, 149, 341, 323, 324,
325, 307, 379, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, 14 persons named in the
FIR including these petitioners assaulted the informant,
Raghunandan Sah due to which he sustained head injury. The
allegation against petitioner nos. 1 & 2 are assault by means of
lathi and bamboo stick.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.21176 of 2026(2) dt.08-04-2026
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the petitioners are innocent and have falsely been implicated in
the present case. Co-accused persons namely, Rajesh Sah,
Manganu Sah, Sunil Sah and Mira Devi have already been
granted anticipatory bail by a Coordinate Bench of this Court
vide Annexure- P/6 series. In the order dated 10.10.2018,
granting anticipatory bail to Rajesh Sah in Cr. Misc. No. 54765
of 2018 which has been recorded that the injury as found on the
person of informant is simple in nature. Petitioner nos. 1 and 2
have one criminal antecedent which has been disclosed in
Paragraph 3 of the bail application and they are on bail in that
particular case. The petitioner no. 3 has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering all these facts and circumstances of the
case, I am inclined to grant the privilege of anticipatory bail to
the petitioners.
7. Let the petitioners, as named above, in the event of
their arrest or surrender within four weeks from today, be
enlarged on 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 A.C.J.M- III, Jhanjharpur, in
connection with Andharathari P.S. Case No. 48 of 2018, subject
Patna High Court CR. MISC. No.21176 of 2026(2) dt.08-04-2026
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to the conditions laid down under section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and subject to further condition that :-
(i) the petitioners shall co-operate in the investigation/
trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioners and in case it is found that
the petitioners have concealed their criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
Ranjeet/-
U T
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