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Patna High Court

Ramchandra Sah @ Ram Chandra Sah @ Ramchandar SahuversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The Court granted pre‑arrest bail to petitioners No.2‑10 but denied it to petitioner No.1, directing the latter to surrender for regular bail.

Summary

The petitioners, a group of relatives from Belsandi village, were charged in a 2024 FIR for illegal construction on the informant's land and for assaulting the informant's family, including a specific allegation that petitioner No.1 assaulted the informant's husband with an iron rod. They applied for pre‑arrest bail, claiming innocence, clean antecedents, and that the injuries were minor. The State and the informant opposed the bail. The High Court, invoking its inherent powers under Section 482(2) of the BNSS, granted pre‑arrest bail to petitioners No.2 to No.10 upon furnishing a bond, but refused bail to petitioner No.1 due to the specific serious allegation, directing him to surrender and seek regular bail. The Court also ordered verification of any pending criminal cases against petitioners No.2‑10 and disposed of the application.

Issues considered

  • Whether pre‑arrest bail can be granted to the accused under Section 482(2) of the BNSS in view of the allegations of illegal construction and assault.
  • Whether the specific allegation of assault with an iron rod against petitioner No.1 warrants denial of pre‑arrest bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • Section 482
  • criminal procedure
  • assault
  • illegal construction
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2474 of 2026
                   Arising Out of PS. Case No.-68 Year-2024 Thana- LARJHAGHAT District- Samastipur
                 ======================================================
           1.     Ramchandra Sah @ Ram Chandra Sah @ Ramchandar Sahu, aged about 56
                  years, Sex - Male, son of Late Shivnandan Sah @ Shivnandan Sahu,
           2.    Ramsharan Sah @ Ram Sharan Sah @ Ram Sharan Sahu, aged about 58
                 years, Sex - Male, son of Late Shivnandan Sah @ Shivnandan Sahu
           3.    Ramdyal Sah @ Ramdayal Sah, aged about 52 years, Sex - Male, son of
                 Late Shivnandan Sah @ Shivnandan Sahu
           4.    Chandula Devi, aged about 47 years, Sex - Female, wife of Sri Ramchandra
                 Sah @ Ram Chandra Sah @ Ramchandar Sahu
           5.    Mukesh Sah @ Mukehs Kumar Sahu. aged about 43 years, Sex - Male, son
                 of Yogendra Sah @ Yogendra Sahu,
           6.    Sachin Kumar, aged about 23 years, Sex - Male, son of Sri Ramchandra Sah
                 @ Ram Chandra Sah @ Ramchandar Sahu
           7.    Pintu Sah @ Pintu Kumar Sah, aged about 40 years, Sex - Male, son of
                 Ramanand Sah @ Ramnandan Sah
           8.    Dilkhush Kumar @ Dilkhus Kumar, aged about 25 Years, Sex - Male, son of
                 Sri Ramdyal Sah @ Ramdayal Sah
           9.    Sunil Kumar @ Sunil Kumar Sah, aged about 30 years, Sex - Male, son of
                 Sri Ramsharan Sah @ Ram Sharan Sah @ Ram Sharan Sahu
           10. Meera Devi @ Mira Devi, aged about 40 years, Sex - Female, wife of Manoj
                Sah @ Manoj Sahu.
                All are resident of Village-Belsandi, Ward No. 10, PS.- Larjharghat, District-
                Samastipur.
                                                                              ... ... Petitioner/s
                                                   Versus
               The State of Bihar
                                                                       ... ... Opposite Party/s
               ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manish Kumar No 13, Advocate
                                                 Mr. Rohit Kumar, Advocate
                                                 Mrs. Nitu Kumari, Advocate
                 For the Informant        :      Mr. Nikil Kumar Agrawal, Advocate
                                                 Mr. Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :      Mr. Anant Kumar 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   11-05-2026                       Heard Mr. Manish Kumar No 13, learned counsel

                   appearing on behalf of the petitioners and Mr. Anant Kumar 1,

                   learned APP for the State.
Patna High Court CR. MISC. No.2474 of 2026(5) dt.11-05-2026
                                            2/4




                       2. The petitioners seek pre-arrest bail in connection

          with Larjhaghat P.S. Case No. 68 of 2024 corresponding to G.R.

          No. 1193 of 2024 registered for the offence punishable under

          Sections 191(2), 191(3), 190, 115(2), 118(1), 117(2), 109(1), 74,

          303(2), 352, 351(2), (3) of the BNS.

                       3. As per the allegations made in the FIR, the

          petitioners were illegally raising construction over the land of

          the informant, and when the informant and her family members

          protested against the same, the petitioners had allegedly

          assaulted them, causing injuries.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and they have

          falsely been implicated in the present case. Specific allegation

          of assaulting the husband of the informant is against petitioner

          no. 1. General and omnibus allegation has been levelled against

          the other petitioners. Injuries sustained by the informant side

          have been opined by the doctor to be simple in nature.

          Petitioners have clean antecedent. On these grounds, petitioners

          seek to be released on pre-arrest bail.

                       5. Learned counsel for the informant and learned APP

          for the State have vehemently opposed the prayer for grant of

          pre-arrest bail.
Patna High Court CR. MISC. No.2474 of 2026(5) dt.11-05-2026
                                            3/4




                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, considering the fact that general and

          omnibus allegation has been levelled against petitioners no. 2 to

          10, they are directed to be released on pre-arrest bail, in the

          event of their arrest or surrender before the learned District

          Court 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

          District Court where the case is pending, in connection with

          Larjhaghat P.S. Case No. 68 of 2024 corresponding to G.R. No.

          1193 of 2024, subject to the condition as laid down under

          Section 482(2) of the BNSS.

                       7. So far as petitioner no. 1 is concerned, considering

          the fact that specific allegation against him that he had assaulted

          the husband of the informant on his head by means of iron rod

          causing injury, I am not inclined to enlarge the petitioner no. 1

          on pre-arrest bail.

                       8. However, the petitioner no. 1, if so advised, may

          surrender before the learned District Court and seek regular bail.

          In that case, the learned District Court may consider to disposed

          of the bail application of the petitioner no. 1 on the same day on

          the basis of material which has come in course of investigation.
              Patna High Court CR. MISC. No.2474 of 2026(5) dt.11-05-2026
                                                          4/4




                                     9. The learned District Court is directed to verify

                        the criminal antecedent of the petitioners no. 2 to 10 as stated

                        in paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioners no. 2 to 10 as what has been

                        stated in paragraph no. 3, this order will lose its force

                        automatically.

                                     10. Accordingly, the present application stands

                        disposed of.



                                                   (Purnendu Singh, J)
Niraj/-

U         T


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