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Patna High Court

Sita Mistry @ Sitaram Mistry @ Sita MistariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the absence of repeated assault and the simple nature of the injury negate any prima facie intention to cause death, warranting the grant of anticipatory bail.

Summary

The petitioner, Sita Mistry, was named in an FIR for assaulting an informant with an iron rod, causing a head injury, alleged to be committed with intent to cause death amid a land dispute. The petitioner sought anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, asserting that the injury was simple, the assault was not repeated, and he has a clean antecedent. The State opposed the bail, relying on State of Himachal Pradesh v. Shamsher Singh (2025 SCC Online SC 807) to argue that the injury to a vital part indicated intent to kill. The court examined the medical report, the nature of the injury, and the lack of repeated assault, concluding that there was no prima facie intention to cause death. Consequently, the court granted anticipatory bail, subject to a bond of Rs.10,000 and two sureties, and directed compliance with conditions under Section 482(2).

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
  • Whether the facts establish an intention to cause death under Sections 126(2), 115(2), and 109(1) of the B.N.S., 2023
  • Whether the nature and simplicity of the injury negate the charge of attempted murder

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • assault
  • intention to cause death
  • clean antecedent
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26546 of 2026
                       Arising Out of PS. Case No.-5 Year-2026 Thana- SARMERA District- Nalanda
                 ======================================================
                 Sita Mistry @ Sitaram Mistry @ Sita Mistari Son of Late Bundi Mistri R/O
                 Vill.- Isua, P.S.- Sarmera, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Kashyap
                 For the Opposite Party/s :       Mr.Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   30-04-2026                       Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2.     The    petitioner     named      in    the    F.I.R.       and

                   apprehending his arrest in connection with Sarmera P.S. Case

                   No.05 of 2026, registered for the offence punishable under

                   Sections 126(2), 115(2), 109(1) of the B.N.S., 2023.

                                3. The allegation against the petitioner to assault the

                   informant by using iron rod causing head injury during the

                   occurrence. It is also alleged that aforesaid assault was made

                   with intention to cause death. Occurrence is alleged to be taken

                   place in the background of land dispute.

                                4. It is submitted by learned counsel for the petitioner

                   that the assault as alleged to be caused by this petitioner not

                   appears repeated as per bare perusal of F.I.R., and moreover the
Patna High Court CR. MISC. No.26546 of 2026(2) dt.30-04-2026
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          nature of injury upon medical examination found simple in

          nature and these two facts negate the intention to cause death

          out of alleged assault. Petitioner claims clean antecedent.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant both oppose the prayer for anticipatory bail of the

          petitioner. Learned counsel for the informant while arguing

          relying upon the judgment passed in the case of State of

          Himachal Pradesh Vs. Shamsher Singh reported in 2025 SCC

          Online SC 807. It is further submitted that the injury is caused

          on the vital part of the body, which suggest that petitioner was

          under intention to caused death.

                       6. In view of the aforesaid factual submissions and by

          taking note of the fact as the nature of injury as alleged to be

          caused by this petitioner upon medical examination found

          simple in nature coupled with the fact that alleged assault was

          not appeared to be repeated, prima facie negates intention to

          cause death, accordingly, the petitioner, as named above, who is

          person of clean antecedent, in the event of his arrest or surrender

          within 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 Incharge Judicial Magistrate, Ist Class, Jehanabad, in
            Patna High Court CR. MISC. No.26546 of 2026(2) dt.30-04-2026
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                      connection with Sarmera P.S. Case No.05 of 2026, subject to the

                      conditions laid down under section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita, 2023.



                                                                 (Chandra Shekhar Jha, J)
sanjeev/-

U       T


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