Patna High Court
Bindeshwari SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail was granted to the petitioner subject to statutory conditions.
Summary
The petitioner, Bindeshwari Sah, applied for anticipatory bail fearing arrest in Alamnagar P.S. Case No. 28 of 2026 where he is accused of assaulting the husband of an informant, assaulting the informant herself and attempting to outrage her modesty, under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged these offences, while the petitioner contended that he was falsely implicated, that no injury report exists, and that the case is a retaliatory filing linked to a prior case. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, held that anticipatory bail could be granted subject to the conditions prescribed under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court ordered the petitioner to furnish bail bonds of Rs 10,000 with two sureties and imposed conditions regarding presence in court, cooperation with investigation, and possible cancellation on breach. The order was made without prejudice to the trial.
Issues considered
- Whether anticipatory bail can be granted in view of the allegations under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s claim of false implication and lack of injury report justifies the grant of anticipatory bail.
- Whether the statutory conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S. are satisfied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Code of Criminal Procedure
- assault
- false implication
- bail conditions
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 38875 of 2026
Arising Out of P.S. Case No.-28, Year-2026, Thana- ALAMNAGAR, District-
Madhepura
======================================================
Bindeshwari Sah, Son of Late Hari Sah, R/o- Basanwara, Naugachiya Basa, Ward
No. 05, Police Station -Alamnagar and District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Verma, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Alamnagar P.S. Case No. 28 of 2026 registered
for the offence(s) under Section(s) 126(2), 115(2), 117(2),
118(1), 74, 303(2), 109(1), 351(2), 352 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the allegation against
the petitioner is that he along with other named accused persons
had assaulted the husband of the informant. It is further alleged
that when she tried to intervene, even she was assaulted and the
other named accused persons tried to outrage her modesty.
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated with general and
omnibus allegation. It has further been submitted that no such
incident has occurred and such fact can be ascertained from the
fact that no injury report has been brought on the record and the
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said fact has also been referred to the impugned order. It has
next been submitted that the present case is a counter blast to the
previous case lodged on behalf of the petitioner side i.e.
Alamnagar P.S. Case No. 27 of 2026. It has lastly been
submitted that the petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/successor Court where the
case is pending in connection with Alamnagar P.S. Case No. 28
of 2026, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 read with
corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioner shall be
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his/her close relative and the other shall be a local
resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioner will be liable to be cancelled by the
concerned Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his/her bail
bonds.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he/she has concealed his/her criminal
antecedents, the Court concerned shall take necessary
steps for cancellation of his/her bail bond. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
sweta/- (Sourendra Pandey, J)
U T
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