Patna High Court
Dhanayee SahversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
The court allowed the withdrawal of the anticipatory bail application and conditioned regular bail on surrender within four weeks, subject to a bail bond and sureties.
Summary
The petitioners, Dhanayee Sah and his sons Vishal Kumar and Vivek Kumar, applied to withdraw an anticipatory bail application filed by petitioner No.1, seeking to surrender and obtain regular bail. The court allowed the withdrawal and directed that if petitioner No.1 surrenders within four weeks, regular bail would be considered on its merits, subject to a bail bond of Rs.10,000 with two sureties. The petitioners were accused of assaulting an informant and his family under several IPC sections, but the court noted that the injuries were primarily sharp cuts not attributable to the younger petitioners and that there was a family dispute, making Section 109 inapplicable. The court also considered the petitioners' lack of criminal antecedents. Consequently, bail was conditioned on surrender within the stipulated period, with the bond and surety requirements, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S.
Issues considered
- Whether the anticipatory bail application should be withdrawn and regular bail granted upon surrender.
- Whether the allegations under Sections 126, 115, 118, 109, 352, 351 of the IPC are sufficient to deny bail.
- Applicability of Section 109 in a family dispute context.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 109, 115(2), 118(1), 126(2), 351(2), 352
Subjects
- anticipatory bail
- regular bail
- withdrawal of application
- assault
- family dispute
- IPC sections
- CrPC
- Bihar Negotiable Sale
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25165 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- PARSA District- Saran
======================================================
1. Dhanayee Sah S/o Mishri Sah Resident of village - Bankerwa, P.S.- Parsa,
Dist.- Saran
2. Vishal Kumar @ Vishal Kumar S/o Dhanayee Sah Resident of village -
Bankerwa, P.S.- Parsa, Dist.- Saran
3. Vivek Kumar S/o Dhanayee Sah Resident of village - Bankerwa, P.S.- Parsa,
Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mili Kumari
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 At the outset, learned counsel for the petitioners prays
for withdrawal of the present application on behalf of petitioner
no. 1 in order to surrender and seeks regular bail.
2. Prayer is allowed.
3. If the petitioner no. 1 surrenders within a period of
four weeks from today and seeks regular bail, the same shall be
considered on its own merit without being prejudiced by the
present withdrawal.
4. Heard learned counsel for the petitioner nos. 2 and
3, learned counsel for the informant and learned Additional
Public Prosecutor for the State.
5. The petitioners are apprehending their arrest in a
Patna High Court CR. MISC. No.25165 of 2026(2) dt.30-04-2026
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case registered for the offence punishable under Sections
126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the B.N.S.
6. Petitioners are said to have assaulted the informant
and his family members by means of lathi, danda and knife.
7. Learned counsel for the petitioners submits that
there are general and omnibus allegation in the First Information
Report with regard to assault by means of knife and lathi, danda
etc. The injury report of the injured persons indicates that while
some of the injured have received simple injuries, injuries on
two of the sons of the informant, namely, Nilmani Kumar and
Akash Kumar are grievous in nature. It is submitted that the
petitioner nos. 2 and 3 cannot be said to be the author of the said
injuries as the injuries are mostly sharp cut incised injuries and
the allegation of carrying knife is not upon these petitioners.
Further, the petitioners and the informant are gotiyas as their
father petitioner no. 1 is the full brother of the informant and are
also residing under the same roof and dispute had arisen on a
very petty issue, as such, Section 109 would have no application
in the said case.
8. Learned APP for the State and the informant have
opposed the application for anticipatory bail on the ground of
the allegations made and the injuries suffered.
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9. Taking into consideration the facts and
circumstances and also considering the fact that the petitioner
nos. 2 and 3 are young members of the family and most of the
injuries are said to be in the nature of sharp cutting and incised
wounds which cannot be attributed to these petitioners, let the
above named petitioners, who have no criminal antecedent, in
the event of their arrest or surrender before the learned Court
below within a period of four weeks from today, be enlarged on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) 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 Parsa P.S. Case No.
327 of 2025, subject to the condition as laid down under Section
438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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