Patna High Court
Budhan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, finding no sufficient ground to deny it.
Summary
Budhan Sah was implicated in a FIR arising from a disturbance during the execution of a civil court order, where he was alleged to have thrown stones and brickbats at an informant, damaging the informant's vehicle. The FIR listed multiple offences under the Bhartiya Nagarik Suraksha Sanhita, 2023, and the petitioner sought anticipatory bail, claiming innocence, a delayed and minor injury report, and a clean criminal record. The State opposed the bail application. The Court examined the nature of the allegations, the delay in the injury report, and the petitioner's antecedents, finding no substantial reason to deny bail. Consequently, the Court granted anticipatory bail subject to conditions, including cooperation with investigation and verification of antecedents. The bail bond was set at Rs.10,000 with two sureties, enforceable under Section 482(2) of the BNS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations under the Bhartiya Nagarik Suraksha Sanhita.
- Whether the petitioner's clean antecedent and the nature of the alleged injury justify the grant of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 132, 223, 324(4), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nagarik Suraksha Sanhita
- clean antecedent
- FIR
- property damage
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29942 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Budhan Sah S/o Late Baguli Sah R/o Village - Bhatauni, PS - Simri
Bakhtiyarpur, Distt. - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Udai Shankar Singh, Adv.
Mr. Jivitesh Sisodia, Adv.
For the Opposite Party/s : Mr.Abhay Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Bakhtiyarpur P.S. Case No. 311 of 2025 registered for the
offence under Sections 126(2), 115(2), 117(2), 118(1), 109, 324
(4), 132, 223, 352, 351(2), 3(5) of BNS, 2023.
3. As per prosecution case, on 12/10/2025, at
approximately 11:30 a.m., informant arrived at Bhatauni, Police
Station Simri Bakhtiyarpur District- Saharsa, to take possession
in light of direction issued by the court of Learned Munsif,
Simri Bakhtiyarpur in Title Execution Casse No. 01/2010. For
compliance and executing the order passed in Title Execution
Case No.01/2010, Circle Officer, Simri Bakhtiyarpur, with
Government Amin, one Inspector alongwith four male constable
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and two female constable also reached there. At the disputed
plot S.H.O. along with police force were present there. By order
of Circle Officer marked the disputed land and order of the Civil
Court was communicated there and and thereafter execution
proceeding was started, after an hour family members of the
accused person came there with lathi, danda, brick, stone and
red chilli powder, and attacked on them. It is further alleged that
co-accused Amit Kumar, blowed an iron rod to the Informant on
his head, and he sustained an injury, and he fell down.It is
further alleged that Budhan Sah (petitioner). Deepak Kumar Sah
started to pelting the stone on the informant and his associates,
as a result mirror of the vehicle got broken. It is further alleged
that female member of the Budhan Sah's family, throwed red
chilli powder. Due to the above reason the execution proceeding
was not completed. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no and he has falsely
been implicated in this case. Learned counsel for the petitioner
next submits that only allegation against the petitioner is of
throwing stones and brickbats, which resulted in the car of the
informant getting damaged. Learned counsel for the petitioner
also submits that the injury report is also delayed by two days
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that also discloses the injury to be simple in nature within six
hours. The petitioner also has clean antecedent.
5. The learned APP opposes the anticipatory bail
application.
6. From the reading of the FIR, it appears that only
allegation against the petitioner is of throwing stones and
brickbats which resulted in the car of the informant getting
damaged. The injury report is also delayed by two days and that
also discloses the injury to be simple in nature within six hours.
Meaning thereby that on the date of incidents there was no
injury. The petitioner also has clean antecedent. Under these
circumstances, this Court is inclined to grant privilege of
anticipatory bail to the petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Saharsa, in connection with Bakhtiyarpur P.S. Case
No. 311 of 2025, subject to the conditions laid down under
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
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with following conditions:
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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