Patna High Court
Sita Mistry @ Sitaram Mistry @ Sita MistariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 482(2)
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
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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/-
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