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Patna High Court

Rahul Sah @ Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U      T


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