Patna High Court
Bhikhar Sah @ Bhikhari Sah @ Jagarnath SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Bhikhar Sah, was implicated in a FIR alleging assault and other offences arising from a land dispute over house construction. He claimed a clean antecedent and argued that the informant falsely implicated him, asserting that the alleged injuries were minor and the allegations against co‑accused were vague. The petitioner sought anticipatory bail to avoid arrest, while the State opposed the relief. The court examined the nature of the alleged offences under the Bharatiya Nyaya Sanhita, the petitioner’s lack of prior criminal record, and the insufficiency of the FIR to establish serious injury or repeated assault. Considering these factors, the court granted anticipatory bail subject to bond and surety conditions under Section 482(2) of the BNSS. The order directs the petitioner to furnish bail bonds and sureties if arrested within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.
- Whether the allegations in the FIR constitute a serious offence warranting denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- false implication
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3423 of 2026
Arising Out of PS. Case No.-262 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Bhikhar Sah @ Bhikhari Sah @ Jagarnath Sah Son of Late Ram Prasad Sah
Resident of Village- Hetanpur, P.S.- Shahpur Patory, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Shanker Singh
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 1. 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, 126(2), 115(2), 109, 303(2), 352, 351(2) of the Bharatiya
Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 16-6-2025 at 3 pm, he was getting his house
constructed when his 7 named agnates including the petitioner
came and said whey he is constructing the house on their land,
on objection, petitioner dashed him on the ground and when
Nitish came to save him, petitioner assaulted him by rod causing
injury on head, thereafter other accused pelted stones on account
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of which several persons got injured and his niece suffered
injury on hand, mouth and lips and accused persons also
assaulted his brother Rajesh by lathi causing fracture of finger
of hand.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that on
account of dispute relating to construction of house on land, the
occurrence is alleged to have taken place. It is further submitted
that the land belongs to the side of the petitioner, on which
informant was constructing his house and the same was objected
when an altercation took place leading to occurrence. It is also
submitted that from the side of the petitioner Shahpur Patori PS
Case No. 266 of 2025 has been instituted against the informant
and his side. It is next submitted that petitioner is alleged to
have assaulted Nitish by rod causing injury on head but then
from perusal of the order impugned, it manifests that the same
records the injury but then does not record the nature of injury
even after perusing case diary, which amply demonstrates that
the injury was simple in nature and the blow is not alleged to
have been repeated. It is also submitted that as far as other
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accused persons are concerned, the allegation of assault against
them is general and omnibus in nature. It is submitted that
petitioner is not a criminal.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Shahpur Patory P.S. Case No. 262 of 2025, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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