Patna High Court
Shambhu Sah @ Shambhu Kumar Sah @ Pandey Sah @ PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Shambhu Sah, sought anticipatory bail after being implicated in a FIR alleging assault, robbery, and other offences under several sections of the Bihar Non‑Statutory (B.N.S.) Act, 2023, arising from a land‑dispute incident on 18‑02‑2026. He claimed the allegations were false, citing a prior case filed by the same informant in which he was acquitted, and asserted he would cooperate with the investigation. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds of Rs.10,000 with two sureties, and comply with Section 482(2) of the Criminal Procedure Code, reserving the right to cancel bail if he fails to cooperate. The order emphasizes that bail is subject to the trial court’s discretion should the investigating officer raise concerns. The decision reflects the balance between protecting the petitioner’s liberty and ensuring cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious allegations under multiple sections of the B.N.S., 2023.
- Whether the petitioner’s claim of false implication and prior acquittal justify the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) are sufficient to safeguard the investigation.
Legislation cited
- Bihar Non‑Statutory Act — s. 109(1), 115(2), 118(1), 126(2), 303(2), 324(4), 3(5), 351(2), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- false implication
- land dispute
- assault
- robbery
- Section 482
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38486 of 2026
Arising Out of PS. Case No.-107 Year-2026 Thana- RAMNAGAR District- West Champaran
======================================================
Shambhu Sah @ Shambhu Kumar Sah @ Pandey Sah @ Pandey Son Of
Shankar Sah Resident Of Village - Bilaspur Ward No 18/21, P.S. - Ram
Nagar, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar
For the Opposite Party/s : Mr. Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109(1), 303(2), 352, 351(2), 324(4) and 3(5) of
the B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that accused persons including the petitioner came on
18.02.2026 at 6 P.M. in his absence and started demolishing the
under construction house situated over the disputed land, on
objection by his wife, petitioner assaulted his wife by sword
causing injury on her head, while Sangeeta and Kamla snatched
Patna High Court CR. MISC. No.38486 of 2026(2) dt.24-06-2026
2/3
her mangalsutra and Santosh assaulted his son by lathi causing
injury and on intervention of villagers, the matter was pacified,
further accused looted household articles worth Rs.3 lacs and
also said that they will not adhere to court order.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that on
account of dispute relating to land, the occurrence is alleged to
have taken place. It is further submitted that even presuming
what has been alleged is true without admitting then allegation
against the petitioner is of assaulting the wife of the informant
by sword causing injury on her head but then the injury has been
opined to be simple in nature. It is also submitted that no doubt
the petitioner has antecedent of one case but then the said case
was also instituted from the side of the informant on account of
dispute relating to land, in which he was acquitted. It is further
submitted that if privilege of anticipatory bail is granted, the
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.38486 of 2026(2) dt.24-06-2026
3/3
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Ram Nagar P.S. Case No.107 of 2026, subject to the
conditions as laid down under Section 482(2) B.N.S.S.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner
despite giving assurance to this court is not co-operating in the
investigation in that event the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
amit/-
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