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Patna High Court

Bipin kumar sahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners, subject to a bond and verification of antecedents, under Section 482(2) of the B.N.S.S.

Summary

Petitioners Bipin Kumar Sah and his son Suman Kumar sought bail after being implicated in a case alleging multiple offences under the B.N.S., 2023, stemming from a neighbour dispute. The prosecution alleged that the petitioners assaulted the informant and his wife, causing simple injuries, while the petitioners claimed innocence and highlighted a prior counter‑case they had filed. The court noted that the incident was a reciprocal fight and that the injuries were minor, and found no concealment of criminal antecedent. Relying on Section 482(2) of the B.N.S.S., the court ordered bail on the condition of a Rs.10,000 bond with two sureties and verification of antecedents. The bail order was conditioned that any concealment of antecedent would lead to cancellation of the bond.

Issues considered

  • Whether bail should be granted to the petitioners in view of the alleged offences under Sections 126(2), 115(2), 109, 74, 303(2), 352, 351(2), 351(3) and 3(5) of the B.N.S., 2023.
  • Whether the petitioners have concealed any criminal antecedent that would preclude bail.
  • Whether the circumstances of a reciprocal fight justify the exercise of the court’s inherent powers under Section 482(2) of the B.N.S.S. to grant bail.

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74
  • B.N.S.S. — s. 482(2)

Subjects

  • bail
  • criminal procedure
  • Section 482
  • reciprocal fight
  • injury report
  • antecedent verification
  • B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25719 of 2026
                     Arising Out of PS. Case No.-4 Year-2026 Thana- KHANPURA District- Samastipur
                 ======================================================
           1.     Bipin kumar sah Son of Late Ram Bilash Resident of Village- Samana
                  (Dera), Ward no. 5, Ps- Khanpur, Dist- Samastipur
           2.    Suman Kumar Suman @ Julesh Kumar Son of Bipin Kumar Sah Resident of
                 Village- Samana (Dera), Ward no. 5, Ps- Khanpur, Dist- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. appearing for the State.

                                2. At the outset, the learned counsel appearing on

                   behalf of the petitioners seeks permission for correction in

                   paragraph no.4 of the present petition as due to inadvertence,

                   instead of 27.12.2025, 27.12.205 has been typed.

                                3. Permission, so sought for, is accorded and let the

                   same be done during course of the day.

                                4. The petitioners apprehend their arrest in connection

                   with Khanpur P.S. Case No.04 of 2026, for allegedly having

                   committed offences under Sections 126(2), 115(2), 109, 74,

                   303(2), 352, 351(2), 351(3) and 3(5) of the B.N.S., 2023.
Patna High Court CR. MISC. No.25719 of 2026(2) dt.22-04-2026
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                       5. As per the prosecution story, which has been lodged

          on the basis of the written report submitted by the informant to

          the effect that on 27.12.2025, while the informant was on his

          shop, all of a sudden, his neighbours including the petitioners

          came there and stated abusing him and further started assaulting

          his wife. Upon protest, the petitioner no.1 assaulted the

          informant on his head due to which he suffered injuries. When

          the neighbour of the informant, Dharmendra Ray came to save

          him, the petitioner no.2 also assaulted him with iron rod due to

          which he also suffered injuries.

                       6. The learned counsel for the petitioners submits that

          the petitioners are innocent and have not committed any

          offence. He further submits that a counter case has also been

          lodged by the petitioner no.1 against the informant and others

          bearing Khanpur P.S. Case No.02/2026, which has been lodged

          before filing of the present First Information Report. It is further

          submitted that the parties are neighbours and there is dispute in

          between the parties from before. The petitioners have got clean

          antecedent. He further submits that the petitioner no.1 is a

          teacher in a High School and the petitioner no.2 is also a

          government employee.

                       7. The learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.25719 of 2026(2) dt.22-04-2026
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          for bail of the petitioners.

                       8. Having Considered the rival submissions and after

          going through the records, it appears that there was a free fight

          in between the parties for which case and counter case were

          lodged. Khanpur P.S. Case No.02/2026 was lodged by the side

          of the petitioners and in retaliation, the present First Information

          Report has been lodged by the informant. Further, from perusal

          of the injury report, which has been annexed as Annexure-3 to

          the present petition, it appears that the injuries sustained by the

          informant are simple in nature.

                       9. Taking into consideration the facts aforesaid, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks, be released on bail on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Judicial Magistrate, 1st Class, Samastipur in

          connection with Khanpur P.S. Case No.04 of 2026, subject to

          the conditions laid down under Section 482(2) of the B.N.S.S.

          with a further condition that:-

                       The learned court concerned shall verify the criminal

          antecedent of the petitioners and in case at any stage it is found

          that the petitioners have concealed their criminal antecedent, the
               Patna High Court CR. MISC. No.25719 of 2026(2) dt.22-04-2026
                                                           4/4




                         court concerned shall take steps for cancellation of bail bonds of

                         the petitioners. However, the acceptance of bail bonds in terms

                         of the above-mentioned order shall not be delayed for purpose

                         of or in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T


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