Patna High Court
Sagar Pal @ Ram Sagar PalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to a cash bond, sureties, and verification of his criminal antecedent under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sagar Pal, sought anticipatory bail fearing arrest in a case alleging assault and other offences under several sections of the B.N.S., 2023. The prosecution alleged that the petitioner, along with co‑accused, assaulted Amit Kamat, fracturing his right hand, and that injuries were found on the victim's head. The petitioner contended the allegations were false, claiming the case was filed to pressure his uncle and highlighted his five pending Excise Act cases. The State opposed bail, labeling the petitioner a habitual offender. The court examined the FIR, noting it only charged the petitioner with assault on the hand and that the head injuries could not be attributed to him, and considered his criminal antecedent. Consequently, the court granted anticipatory bail on a cash bond and surety, subject to verification of his antecedents under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) in view of the alleged offences and his prior criminal record.
- Whether the injuries alleged in the FIR can be attributed to the petitioner.
- Whether the existence of pending cases under the Excise Act precludes the grant of bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 126(2), 127(2), 3(5), 352
- B.N.S.S. — s. 482(2)
- Excise Act
Subjects
- anticipatory bail
- section 482
- criminal antecedent
- assault
- Bihar criminal law
- Excise Act
- injury evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35528 of 2026
Arising Out of PS. Case No.-385 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Sagar Pal @ Ram Sagar Pal S/o Late Rajendra Pal Resident of Village-
Gajhara, P.S.- Ladaniya, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Ladaniya P.S. Case No. 385 of 2025, for allegedly having
committed offences under Sections 127(2), 126(2), 115(2),
117(2), 352, 109 and 3(5) of B.N.S., 2023.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant, to
the effect that on 22.11.2022, at about 10:00 p.m., while he
along with his co-villager, Dhiraj Kumar and relative Amit
Kamat was going to his house from Birpur and when they
reached near Navtoli Gazhara, all the accused persons, including
the petitioner stopped them. One of the accused persons
identified Dhiraj Kumar and said that he is a man of Bhola
Patna High Court CR. MISC. No.35528 of 2026(2) dt.21-05-2026
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Kamat and ordered to kill him. In the meanwhile, Dhiraj Kamat
fled from there and all the accused persons assaulted the
informant and Amit Kamat with Lathi, iron rod and other
weapons, due to which they became unconscious. The allegation
is that co-accused, Kishore Pal assaulted the informant with iron
rod, due to which his left hand got fractured and he also
sustained injuries on his head. The petitioner and others
assaulted Amit Kamat, due to which his right hand was
fractured and blood started oozing out from the body.
4. The learned counsel for the petitioner submits that
the allegations are false and baseless. He further submits that the
petitioner and the informant are co-villagers and in 2024, due to
illegal demand of extortion, the uncle of the petitioner had
lodged Ladaniya P.S. Case No.277 of 2024, and the present case
has been lodged by the informant to put pressure upon the uncle
of the informant to either compromise or withdraw the said
case. He further submits that the doctor found injuries on the
head and part of body of the injured Amit Mandal. However, in
the First Information Report itself, the allegation against the
petitioner is of assaulting Amit Kamat on his right hand. He
further submits that the petitioner has got five cases against him
under the Excise Act in which he is on bail.
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5. Per Contra, the learned A.P.P. appearing on behalf
of the State opposes the prayer for grant of anticipatory bail to
the petitioner and submits that the petitioner is habitual offender
having five cases of similar nature, i.e., of Excise Act and in the
present case, the doctor has found injuries on two persons and
the injuries on the injured Amit Mandal @ Amit Kamat is said
to have been found on head.
6. Having considered the rival submissions and after
going through the records, it appears that in the First
Information Report, the allegation against the petitioner is that
he along with others assaulted Amit Kamat @ Amit Mandal, due
to which his right hand was fractured and apart from the same,
nothing has been mentioned in the First Information Report. The
doctor has found injuries on the head also, which cannot be
attributed to the petitioner. The injuries, if any, are not on the
vital part of the body of the injured, Amit Kamat.
7. Taking into consideration the facts aforesaid, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on 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
Chief Judicial Magistrate, Madhubani in connection with
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Ladaniya P.S. Case No.385 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S. with a further
condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/Kunal
U T
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