Patna High Court
Rahul Sah @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond, sureties, and surrender within six weeks, under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
Petitioner Rahul Sah applied for anticipatory bail in connection with a 2023 FIR alleging offences under several sections of the Indian Penal Code, including assault and attempt to murder. The prosecution alleged that the petitioner inflicted knife and lathi blows on the informant and her son, while the petitioner claimed innocence, asserting that the injuries were minor, the weapon described was blunt, and the FIR was delayed due to a land dispute. The petitioner also highlighted his clean criminal record. The State opposed the bail, emphasizing the specific allegations of assault. The court examined the nature of the allegations, the delay in filing the FIR, and the petitioner’s lack of prior convictions, and, invoking Section 482(2) of the Bharitya Nagrik Suraksha Sanhita, granted anticipatory bail subject to a bail bond and sureties. The order conditioned the bail on the petitioner surrendering within six weeks and complying with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita despite the serious nature of the alleged offences.
- Whether the delay in lodging the FIR and the claim of a land dispute affect the grant of anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 482
Subjects
- anticipatory bail
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- criminal procedure
- injury report
- land dispute
- FIR delay
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34744 of 2026
Arising Out of PS. Case No.-500 Year-2023 Thana- KESARIA District- East Champaran
======================================================
Rahul Sah @ Rahul Kumar S/o Lalan Sah Resident of village - Kesariya
Purani Bazar, P.S - Kesariya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kesariya P.S. Case No. 500 of 2023 registered
for the offences punishable under Sections 341, 323, 324, 354
(B), 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, this petitioner inflicted
knife blows upon the informant several times and co-accused
Raushan Kumar caught hold her hair and also assaulted her due
to which her clothes got torn. It has further been alleged that
petitioner also gave lathi blows upon the neck of the son of the
informant.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.34744 of 2026(2) dt.20-05-2026
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this case. It has been submitted by learned counsel for the
petitioner referring to Annexure- 2 and 2/1, that the injury
sustained by the informant is simple in nature and the weapon
assigned is hard and blunt substance, the same is not
corroborated by the allegations levelled. As regards the injury
report of the son of the informant it has been submitted that the
same were bruises and abrasion and also the injuries were
opined to be simple in nature. It has further been submitted that
there is land dispute between the parties and there is delay of
seven days in lodging the present F.I.R. 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 petitioner and has
submitted that there is specific allegation against the petitioner
to have assaulted the informant and her son.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
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) with two sureties of the like
amount each to the satisfaction of the learned court concerned in
Patna High Court CR. MISC. No.34744 of 2026(2) dt.20-05-2026
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connection with Kesariya P.S. Case No. 500 of 2023, subject to
the conditions as laid down under Section 482(2) of the Bharitya
Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
vashudha/-
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