Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that, given the simple nature of the injuries and the civil dispute background, anticipatory bail is appropriate, subject to prescribed conditions.
Summary
The petitioner, Sandeep Kumar, sought anticipatory bail after a FIR alleged that he and other accused assaulted an informant and her mother‑in‑law, causing simple injuries, arising from a neighbourly dispute over drainage. The FIR invoked Sections 191(2), 190, 115(2), 109, 329(3) and 352 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The State opposed bail, arguing the seriousness of the offences. The Court examined the nature of the injuries, the context of a neighbour dispute, and the fact that both parties had filed cases against each other. Finding the injuries to be simple and the dispute civil in nature, the Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions of cooperation with the investigation. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) Cr.P.C. and Section 482(2) BNSS in view of the alleged offences.
- Whether the nature of the alleged injuries and the neighbourly dispute justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 190, 191(2), 329(3), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- neighbor dispute
- simple injuries
- BNSS
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3069 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- NARHATT District- Nawada
======================================================
Sandeep Kumar S/O Sakendra Yadav R/O Village- Bihari Bigha, P.S- Narhat,
Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
190, 115(2), 109, 329(3) and 352 of the B.N.S.
3. The allegation in the First Information Report is
that all the accused persons indulged in abusing and assaulting
the informant and causing injuries of her and her mother-in-law.
4. Learned counsel for the petitioner submits that
both sides are neighbours and on account of ongoing dispute
with regard to drainage, physical altercation took place between
the parties resulting in some simple injuries being caused to the
informant and the informant’s mother-in-law. So far as the
petitioner is concerned, there is specific allegation of assaulting
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the informant on head by lathi but the injury report, as discussed
in the bail rejection order, indicates that she has received simple
injuries. The other injured, the mother-in-law of the informant,
who was assaulted by other accused persons has received simple
injuries.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that on account of
dispute between the neighbours, case and counter case were
instituted on both sides, coupled with the fact that the nature of
injuries of the injured are simple in nature, let the above named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of four
weeks from today, 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 Court below where the
case is pending/successor Court in connection with Narhat P.S.
Case No. 285 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to
further condition(s):
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his
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wife.
(ii) The petitioner shall co-operate with the
investigation, if not already concluded and make
himself available as and when so required, failing
which the prosecution will be at liberty to move
cancellation of his bail bond.
(Soni Shrivastava, J)
anand/-
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