Patna High Court
Akhilesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to a bail bond and sureties.
Summary
The petitioners, five residents of Mainatand village, sought anticipatory bail fearing arrest in connection with FIR No.96 of 2025 filed under multiple sections of the Bihar Narcotic Substances Act, 2023. They contended that the FIR was lodged after an inordinate delay of 24 days and that a compromise had been reached between the parties, invoking the privilege of Section 35(3) of the Act. The State opposed the bail application. The Court noted the delay, the existence of a compromise, and the petitioners’ clean record, and held that these factors warranted the grant of anticipatory bail. Accordingly, the petitioners were ordered to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted despite the FIR being lodged after a 24‑day delay
- Whether the compromise and invocation of Section 35(3) of the B.N.S., 2023 justify the grant of anticipatory bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 117(2), 126(2), 305, 324(4), 329(4), 3(5), 352, 35(3), 482(2), 76
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- delay in FIR
- compromise
- Section 35(3) privilege
- Bihar Narcotic Substances Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2988 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- MAINATAND District- West Champaran
======================================================
1. Akhilesh Sah S/O Mandal Sah @ Bijli Sah Resident of Vill- Mainatand,
P.S.- Mainatand, Dist- West Champaran.
2. Golu Sah @ Golu Kumar S/O Akhilesh Sah Resident of Vill- Mainatand,
P.S.- Mainatand, Dist- West Champaran.
3. Sonu Kumar @ Sonu Sah @ Solu Sah S/O Akhilesh Sah Resident of Vill-
Mainatand, P.S.- Mainatand, Dist- West Champaran.
4. Kamlesh Sah S/O Mandal Sah @ Bijli Sah Resident of Vill- Mainatand,
P.S.- Mainatand, Dist- West Champaran.
5. Ripu Kumar @ Ripu Sah S/O Lalbabu Sah Resident of Vill- Mainatand,
P.S.- Mainatand, Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Mainatand P.S. Case no.96 of 2025 registered under
Sections 126(2), 115(2), 117(2), 305, 329(4), 324(4), 76, 352
and 3(5) of B.N.S, 2023.
3. Allegations in the F.I.R is that all accused persons
including the petitioners herein came to the house of the
informant variously armed and indulged in assault causing
Patna High Court CR. MISC. No.2988 of 2026(2) dt.28-01-2026
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injuries.
4. Learned counsel for the petitioners submits at the
outset that present F.I.R has been lodged after inordinate delay
of 24 days. There is case and counter case and as a matter of fact
the petitioners were given benefit of Section 35(3) of B.N.S.S.
Now, charge-sheet has been submitted in the case and
apprehension has arisen. Learned counsel for the petitioners
submits that they have never misused the privilege Section
35(3) of B.N.S.S. and compromise has also been signed
between the parties in the learned Court concerned.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the fact and considering that there is inordinate
delay of 24 days in lodging of F.I.R coupled with the fact that
compromise have been arrived between the parties, it is directed
that the petitioners above named, having no criminal antecedent
in the event of their arrest or surrender before the learned Court
below within a period of four weeks, be released on anticipatory
bail in connection with Dinara P.S. Case no.261 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
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learned Court concerned where the case is pending/successor
Court, subject to the condition laid down under Section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
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