Patna High Court
Sudarshan NatversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
Anticipatory bail was granted to Sudarshan Nat but denied to Govinda Nat.
Summary
The petitioners, Sudarshan Nat and Govinda Nat, were named in an FIR (Jalalpur PS Case No.220 of 2025) alleging assault with a sharp weapon and other offences under the BNS, 2023. They applied for anticipatory bail, claiming innocence, a clean criminal record, and that the dispute arose over a minor issue concerning a curtain. The State opposed the bail, especially for Govinda, alleging assault with an iron weapon. The High Court, applying Section 2(1)(d) and Section 482(2) of the BNSS, 2023, granted anticipatory bail to Sudarshan Nat upon surrender within four weeks with a bond of Rs.30,000, but refused anticipatory bail to Govinda Nat. The Court directed the trial court to entertain a regular bail application from Govinda if he surrenders within six weeks, to be decided on merit.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.
- Whether the nature of the alleged offences and the circumstances justify denial of anticipatory bail to Govinda Nat.
Subjects
- anticipatory bail
- regular bail
- Criminal Procedure
- Bihar High Court
- Section 2(1)(d) BNSS
- Section 482(2) BNSS
- assault
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21813 of 2026
Arising Out of PS. Case No.-220 Year-2025 Thana- JALALPUR District- Saran
======================================================
1. Sudarshan Nat S/O Late Gafoor Nat R/O Village- Vishupura, P.S- Jalalpur,
Dist.- Saran.
2. Govinda Nat S/O Sudarshan Nat R/O Village- Vishupura, P.S- Jalalpur,
Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mili Kumari, Adv.
For the Opposite Party/s : Mr.Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in a case
registered for the offences punishable in connection with
Jalalpur P.S. Case No.220 of 2025 under Sections 126(2),
115(2), 118(1) 76, 303(2), 109, 352, 351(2) and 3(5) of the
BNS, 2023.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the petitioners with
allegation that they have assaulted the informant and his family
members with sharp weapon due to which injury took place.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.21813 of 2026(2) dt.08-04-2026
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petitioners are innocent and have committed no offence. He
submits that the allegation against petitioner No.2 is omnibus
whereas petitioner No.1 has assaulted the on the head of Rikesh
with Dabia.
5. Counsel submits that the criminal antecedent of the
petitioners is clean. He further submits that the dispute has taken
place on a petty issue relating to hanging of Tat (a type of
curtain). He further submits that the petitioners are ready to
fulfill all the conditions whatsoever shall be imposed upon
them.
6. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that petitioner No.1 is an old
aged person about 55 years having allegation which does not
constitute any offence, but against the petitioner No.2, the
allegation of assault by Dabia (weapon of iron).
7. In the present facts and circumstances of this case
and the submissions made above, let the petitioner No.1 namely,
Sudarshan Nat, be granted bail, in the event of arrest or
surrender before the Trial Court within a period of 4 weeks from
today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty
Thousand) each as mentioned in Section 2(1)(d) of the BNSS,
2023 to the satisfaction of Judicial Magistrate-1st Class, Saran,
Patna High Court CR. MISC. No.21813 of 2026(2) dt.08-04-2026
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Chapra, in connection with Jalalpur P.S. Case No.220 of 2025,
subject to the conditions as laid down U/s 482(2) of the BNSS,
2023.
8. So far as the petitioner No.2, namely, Govinda Nat,
is concerned, this Court is not inclined to grant anticipatory bail
to the petitioner No.2, therefore the bail application of the
petitioner No.2 is hereby rejected.
9. However, trial court is directed to consider the
regular bail application of the petitioner No.2, namely, Govinda
Nat, if he surrenders within six weeks from today and prays for
regular bail, then trial court shall pass order on merit without
being prejudice of the present order preferably on the same day.
(Dr. Anshuman, J)
Prakashmani/-
U T
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