Patna High Court
Dashrath SahversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to petitioners No.2‑4, subject to bond and sureties, under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, three brothers from Madhepura, applied for anticipatory bail fearing arrest in a case registered under Sections 115(2), 126(2), 118(1), 109, 303(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault on an informant and her family over a land dispute. One petitioner had already been apprehended and withdrew his application. The remaining petitioners argued that the FIR alleged only simple lacerations and that the matter was a case of land dispute with counter‑claims, and that they were already on bail in a related case. The State opposed bail, citing the existence of another pending case. Considering the simple nature of injuries, the land‑dispute context, and the pending bail in the other case, the Court granted anticipatory bail to petitioners No.2‑4, subject to a bond of Rs.10,000 with two sureties each, under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the BNSS offences alleged.
- Whether the existence of another pending case against the petitioners precludes grant of bail.
- Whether the simple nature of injuries and the land‑dispute context justify anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- land dispute
- assault
- Bharatiya Nagarik Suraksha Sanhita
- simple injuries
- bail bond
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23363 of 2026
Arising Out of PS. Case No.-1033 Year-2025 Thana- MADHEPURA District- Madhepura
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1. Dashrath Sah Son of Late Bindeshwari Sah R/o Vill. - Mohanpur, Ward
no.02, P.S - Madlhepura, Dist - Madhepura.
2. Bilsas Sah Son of Late Bindeshwari Sah R/o Vill. - Mohanpur, Ward no.02,
P.S - Madliepura, Dist - Madhepura.
3. Tejo Kumar @ Tejo @ Ankit kumar Son of Bilash Sah R/o Vill. - Mohanpur,
Ward no.02, P.S - Madliepura, Dist - Madhepura.
4. Jeetendra Kumar Son of Bilash Sah R/o Vill. - Mohanpur, Ward no.02, P.S -
Madliepura, Dist - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binita Kumari
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Learned counsel for the petitioners seeks
permission to withdraw this application with regard to petitioner
no.1 submitting that during pendency of this application the
petitioner has already been apprehended by the police.
3. Permission is granted.
4. Accordingly, this application with regard to
petitioner no.1 is dismissed as withdrawn.
5. Now, this application survives only with regard
Patna High Court CR. MISC. No.23363 of 2026(2) dt.10-04-2026
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to petitioners no.2 to 4.
6. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 115(2),
126(2), 118(1), 109, 303(2) and 3(5) of the B.N.S.
7. The allegation in the First Information Report is
that the petitioners along with others have assaulted the
informant and her family members.
8. Learned counsel for the petitioners submits that it
would be evident from the First Information Report that, as
many as, seven persons including the present petitioners were
made accused in the FIR on account of a dispute which took
place with regard to putting of a tatti on the land. It is further
submitted that while there are allegations of assaulting the
informant and her sister-in-law by means of iron rod etc., the
injury report annexed as Annexure-4 series indicates that both
the informant and her sister-in-law have received simple injuries
in the nature of laceration. There is case and counter case
between the parties.
9. Learned APP for the State has opposed the grant
of anticipatory bail on the ground that the petitioners are
accused in one more case, however, in response it has been
submitted that the said case had also been lodged by the
Patna High Court CR. MISC. No.23363 of 2026(2) dt.10-04-2026
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husband of the present informant on account of land dispute and
the petitioners are on bail in the said case.
10. Taking into consideration the facts and
circumstances and considering the fact that there is land dispute
and there is also case and counter case between the parties,
coupled with simple nature of injuries, let the above named
petitioners no. 2 to 4, be released on bail, in the event of their
arrest or surrender before the learned Court below within a
period of four weeks from today, 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 Court below
where the case is pending/successor Court in connection with
Madhepura P.S. Case No. 1033 of 2025, subject to the condition
as laid down under Section 438 (2) of the Cr.P.C/ Section 482
(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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