Patna High Court
Raja Sah @ RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Petitioner Raja Sah was arrested in connection with a case alleging assault, grievous injury and other offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a dispute over garbage led the petitioner and his son to assault the informant and his family, causing a fractured forehead and other injuries. The petitioner contended that the allegations were false, that the injuries were superficial, and that he and the informant are brothers who had a minor quarrel. The court examined the nature of the injuries, the familial relationship, and the possibility of a false accusation. Considering these factors, the court granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The petitioner was ordered to appear as required by the trial court.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the possibility of false accusation and the nature of injuries justify bail under Section 482(2) of the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 351(2) r/w 3(5), 352, 482(2)
Subjects
- bail
- false accusation
- assault
- criminal procedure
- Section 482
- BNSS
- injury severity
- family relationship
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21563 of 2026
Arising Out of PS. Case No.-569 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Raja Sah @ Raja S/O Late Harihar Sah @ Harihar Sah Sonar Resident of
Village- Sarha, Sandha, Khemaji Tola, Police Station- Muffasil, District-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Chapra Mufassil P.S. Case No. 569
of 2025 registered for the alleged offence under Sections 126(2),
115(2), 109, 303(2), 352, 351(2) r/w 3(5) of Bharatiya Nyaya
Sanhita, 2023.
03. As per prosecution case, on a dispute over
throwing of garbage in front of the house of the informant,
petitioner and his co-accused son assaulted the informant and
his son. The petitioner gave a khanti blow on the forehead of the
informant, causing fracture of his head. The daughter and the
wife of the informant was also assaulted by the assailants who
Patna High Court CR. MISC. No.21563 of 2026(2) dt.10-04-2026
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snatched their ornaments.
04. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. No occurrence in the manner as alleged has ever taken
place. Both the informant and petitioner are full brothers and a
quarrel took place on throwing of garbage. The injury reports
falsify the allegation against the petitioner petitioner of giving
khanti blow to the informant as injury reports of petitioner and
his son show simple injury on the informant, which is a
lacerated wound of size 1”xSS and the injury of the son of the
informant is merely an abrasion on face. On the other hand, the
petitioner has also received one lacerated wound on head-right
parietal region and another lacerated wound on left parietal
region (surface skin). The petitioner is having clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
relationship of the parties and also considering the simple and
superficial injuries of the informant and his son and further
considering the possibility of false accusation, let the petitioner
above named, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.21563 of 2026(2) dt.10-04-2026
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court concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Saran at Chapra/court concerned in connection with
Chapra Mufassil P.S. Case No. 569 of 2025, subject to the
condition laid down under Section 482(2) of BNSS and other
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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