Patna High Court
Niranjan Sah @ NiranjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Niranjan Sah, sought anticipatory bail fearing arrest in a case (Sahajitpur PS Case No. 143 of 2025) involving alleged offences under several sections of the Bhartiya Nyaya Sanhita, including assault, robbery and threats. The FIR alleged that the petitioner and co‑accused assaulted an informant and his father, with a knife assault specifically attributed to another co‑accused, and that they looted Rs 5,000 from a shop. The petitioner argued that the allegations against him were general, the injuries were simple, the incident stemmed from a land dispute, and he had no prior criminal record. The State opposed the bail. The court, after considering these facts, held that anticipatory bail could be granted subject to a bail bond and sureties, imposing conditions under Section 482(2) of the Bhartiya Nyaya Sanhita. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bhartiya Nyaya Sanhita in view of the allegations and circumstances of the case?
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 324(4), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nyaya Sanhita
- criminal procedure
- assault
- robbery
- land dispute
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34668 of 2026
Arising Out of PS. Case No.-143 Year-2025 Thana- SAHAJITPUR District- Saran
======================================================
Niranjan Sah @ Niranjan S/o Ramji Sah R/o Hafizpur, P.S.- Hafizpur, Distt.-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Puja Kumari
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Sahajitpur P.S. Case No. 143 of 2025 dated
18.11.2025 registered for the offences punishable under Section
126(2), 115(2), 118(1), 109, 324(4), 303(2), 352, 351(2), 3(5) of
the Bhartiya Nyaya Sanhita.
3. As per the allegation, petitioner and other co-
accused persons assaulted the informant, his father, while there
is specific allegation against co-accused Nitish Kumar @
Makai, to have assaulted upon the abodomen of the informant
by means of knife. It has further been alleged that all co-accused
persons including this petitioner ransacked the shop of
Sudarshan Rai and took Rs 5,000/-. It has further been alleged
Patna High Court CR. MISC. No.34668 of 2026(2) dt.19-05-2026
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that all the accused persons whereafter, fled away, and they gave
information to the informant that if he lodged a case he would
be killed.
4. Learned counsel for the petitioner has submitted
that there is general and omnibus allegation against the
petitioner and the specific allegation of assault upon the
informant by means of knife is against co-accused, Nitish
Kumar @ Makai. It has further been submitted referring to
Annexure-2 that all the injured persons have received simple
injuries. It has further been submitted that the occurrence took
place in the background of land dispute, which has been
admitted in the FIR itself. It has lastly been submitted that
petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Heard the parties and perused the record.
7. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
Patna High Court CR. MISC. No.34668 of 2026(2) dt.19-05-2026
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concerned, Saran (Chapra) with Sahajitpur P.S. Case No. 143 of
2025, subject to conditions as laid down under section 482(2) of
the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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