Patna High Court
Sablu Roy @ Savlu RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court held that the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita, subject to bond and surety conditions.
Summary
The petitioner, Sablu Roy, sought anticipatory bail after being implicated in a criminal case (Pothia PS Case No. 164 of 2024) alleging assault with an iron rod. He claimed the allegations were false and that the case was a retaliatory filing following his own complaint against the informant's father. A compromise petition had been filed, indicating the parties had settled the dispute out of court. The State opposed the bail, but the court considered the circumstances, including the lack of prior criminal record. The court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita despite the serious nature of the alleged offences.
- Whether the existence of a compromise petition influences the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 126(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
- compromise petition
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31759 of 2026
Arising Out of PS. Case No.-164 Year-2024 Thana- POTHIYA District- Kishanganj
======================================================
Sablu Roy @ Savlu Rai, S/o- Ram Lal Rai, Resident of village -Jagirgachh
PO- Koimari, P.S.- Pothia District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Pothia P.S. Case No. 164 of 2024 dated 12.07.2024, registered for
the offence punishable under Sections 126(2), 115(2), 117(2), 76,
352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The specific allegation against the petitioner is that he
assaulted with iron rod on the person of the father of the informant
due to which he sustained injury on his head.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is submitted that the present case is counter blast of
S.C./S.T., Kishanganj P.S. Case No. 15 of 2024 dated 10.07.2024
and the present case has been lodged on 12.07.2024 for the
occurrence dated 04.07.2024. It is submitted that Kishanganj P.S.
Case No. 15 of 2024 has been lodged by the petitioner against the
father of the informant. Both the sides are resident of the same
Patna High Court CR. MISC. No.31759 of 2026(2) dt.07-05-2026
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village. It is further submitted that during pendency of this case,
the compromise petition has been filed on 13.03.2026, wherein,
both the parties have stated that they have settled their dispute
outside the court and the said compromise petition has been filed
before A.C.J.M.-II, Kishangaj. Lastly, it has been submitted that
the petitioner has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest / surrender of the petitioner within a period of six
weeks from today, in connection with Pothia P.S. Case No. 164 of
2024, he shall be released on anticipatory bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-II,
Kishanganj, subject to condition as laid down under Section
482(2) of B.N.S.S..
(Khatim Reza, J)
prabhat/-
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