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Patna High Court

Hasnain SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with specified conditions.

Summary

The petitioner, Hasnain Sah, sought anticipatory bail after being implicated in a domestic‑dispute case (Amour P.S. Case No. 89 of 2026) alleging assault with a bamboo stick that injured the informant’s son. The prosecution alleged that the petitioner, along with co‑accused, assaulted the informant and his son, citing offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated due to a long‑standing family feud, that the allegations were vague, that the injury report did not corroborate the claim, and that there was a delay of nine days in filing the FIR, also highlighting his clean antecedent. The State opposed the grant of anticipatory bail. Considering the lack of specific incriminating material and the petitioner’s clean record, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC read with Section 482 B.N.S.S. in view of the allegations under the Bharatiya Nyaya Sanhita.
  • Whether the prosecution's evidence is sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • domestic dispute
  • assault
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • Bharatiya Nyaya Sanhita
  • bail conditions

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CRIMINAL MISCELLANEOUS No. 38883 of 2026

                 Arising Out of P.S. Case No.-89, Year-2026, Thana- AMAUR, District-
                                                 Purnia
                 ===================================================
                 Hasnain Sah, S/o- Ekhlaq Sah, Resident of Village - Bishanpur,
                 Panchayat - Dubaili ,P.S.- Dagarua, District - Purnea
                                                                       ... ... Petitioner/s

                                                   Versus


                 The State of Bihar
                                                          ... ... Opposite Party/s
             ===================================================
             Appearance :
             For the Petitioner/s :    Mr. Md. Helal Ahmad, Advocate
                                       Md. Tahmeed Halal, Advocate
             For the Opposite Party/s: Ms. Dr. Indiwar Kumari, APP
             ===================================================
             CORAM: HONOURABLE MR. JUSTICE SOURENDRAPANDEY

                                             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 Amour P.S. Case No. 89 of 2026 registered for

                   the offence(s) under Section(s) 126(2), 115(2), 109, 76, 352,

                   351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).

                              3. The prosecution case is to the effect that informant

                   has alleged that the named accused persons including the

                   petitioner had abused the informant on account of domestic

                   dispute and thereafter, when the informant protested, the co-

                   accused Rais Sah and Noor Bano started assaulting the

                   informant. It is further alleged that when his son tried to
Patna High Court CR. MISC. No.38883 of 2026(2) dt.17-06-2026
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          intervene, all assaulted him with bamboo resulting in injury to

          his head.

                        4. The learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case on account

          of longstanding family dispute. It has further been submitted

          that the allegation is general and omnibus in nature and no

          specific overt act has been attributed to the petitioner. It has next

          been submitted that the allegation of assault and injury caused to

          his son does not stand corroborated from perusal of the injury

          report at Annexure, P/2, it does not mention any injury to the

          said injured persons namely Md. Harun. It would also transpire

          that the incident is said to have been occurred on 15.02.2026

          while the injured was being treated on 17.02.2026 and the F.I.R.

          has been lodged after 9 days of the said incident. 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
Patna High Court CR. MISC. No.38883 of 2026(2) dt.17-06-2026
                                            3/4




          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 Amour P.S. Case No. 89 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
                            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
              Patna High Court CR. MISC. No.38883 of 2026(2) dt.17-06-2026
                                                          4/4




                                          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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