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Patna High Court

Bindeshwar Sahani @ Bindeshwari SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Bindeshwar Sahani, was named in an FIR alleging assault, trespass, and looting of property worth Rs.2.5 lakh during a land dispute on 26 June 2025. The prosecution alleged that the accused forcibly constructed a house on the informant's land, assaulted the informant and his father, entered the informant's house, and stole articles. The petitioner contended that the dispute arose from a claim of right, title, and possession over the land, that the allegations were vague and ornamental, and sought anticipatory bail. The State opposed the bail application. The Court, considering the nature of the allegations and the backdrop of the case, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita.
  • Whether the allegations against the petitioner constitute a specific cognizable offence justifying denial of bail.
  • Whether there is a risk of the petitioner fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • land dispute
  • assault
  • looting
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27304 of 2026
                 Arising Out of PS. Case No.-313 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Bindeshwar Sahani @ Bindeshwari Sahani S/O Late Faguni Sahani Resident
                 of Village- Banarjhula Bhagwanpur, P.S.- Pakaridayal, District- East
                 Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhurendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 190, 191(2), 191(3),

                   126(2), 115(2), 329(3), 118(1), 125(a), 117(2), 303(2), 324(4),

                   109 of the Bharatiya Nyaya Sanhita.

                                3. Prosecution case, in brief, is that on 26.06.2025 at

                   about 5 PM, all the F.I.R. named accused persons, including this

                   petitioner, were forcibly constructing house on the land of

                   informant and when informant objected, the accused persons

                   assaulted informant and his father. It is further alleged that the

                   accused persons also entered the house of informant and looted

                   household articles worth Rs. 2,50,000/-.

                                4. Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.27304 of 2026(2) dt.29-04-2026
                                                          2/2




                        assertion of right, title and possession over a piece of land led to

                        altercation between the parties in which both sides sustained

                        injuries. Case and counter case. Allegation of assault is general

                        and omnibus and there is no allegation of any specific overt act

                        against petitioner. Rest of the allegations are ornamental only to

                        make the case grave.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case and nature of

                        accusation, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned Chief Judicial

                        Magistrate, East Champaran, Motihari in connection with

                        Pakaridayal P. S. Case No. 313 of 2025, subject to condition as

                        laid down under Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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