Patna High Court
Bhola SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioners.
Summary
Four brothers, Bhola, Rakesh, Shailesh and Kamlesh Sah, applied for anticipatory bail fearing arrest in a case (Chapra Town P.S. Case No. 205 of 2026) alleging assault causing simple injury under several sections of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged they assaulted the victim, while the petitioners claimed innocence despite having prior criminal antecedents. The petitioners supported their claim with the victim's injury report showing only simple injury. The State opposed the bail. The Court, noting the injury was simple, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482 B.N.S.
Issues considered
- Whether anticipatory bail should be granted in a case of assault causing simple injury under the listed sections
- Whether the petitioners' prior criminal antecedents preclude grant of bail
- Applicability of Section 438(2) CrPC and Section 482 B.N.S. in granting bail
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- simple injury
- assault
- criminal antecedents
- Section 438 CrPC
- Section 482 B.N.S.
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37146 of 2026
Arising Out of PS. Case No.-205 Year-2026 Thana- CHAPRA TOWN District- Saran
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1. Bhola Sah son of Bishun Sah Resident Of Village -Diliya Rahimpur, Adda
No 02, Police Station -Rivilganj, District -Saran
2. Rakesh Sah Son of Bishun Sah Resident Of Village -Diliya Rahimpur, Adda
No 02, Police Station -Rivilganj, District -Saran
3. Shailesh Sah Son of Bishun Sah Resident Of Village -Diliya Rahimpur,
Adda No 02, Police Station -Rivilganj, District -Saran
4. Kamlesh Sah @ Futti Sah Son of Bishun Sah Resident Of Village -Diliya
Rahimpur, Adda No 02, Police Station -Rivilganj, District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Chapra Town P.S. Case No. 205 of 2026
registered for the offence under Sections 126(2), 115(2), 118(1),
109, 352, 351(2) and 3(5) of the B.N.S. and Section 27 of the
Arms Act.
3. As per the prosecution case, petitioners are
accused of assaulting the victim causing simple injury.
4. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.37146 of 2026(2) dt.15-06-2026
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the petitioners that the petitioners are innocent and they have
falsely been implicated in this case and this application is
supported by the injury report of the victim which is annexed as
Annexure ‘P/2’ to the petition. Petitioner no. 1 has four criminal
antecedents, petitioner no. 2 has three criminal antecedents and
petitioner nos. 3 and 4 have one criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the fact that the injury sustained by
the victim is simple in nature, this application is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Saran/ concerned Court below in connection with Chapra Town
P.S. Case No. 205 of 2026, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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