Patna High Court
Bindeshwar Sahani @ Bindeshwari SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 125(a), 126(2), 190, 191(2), 191(3), 303(2), 324(4), 329(3)
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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