Patna High Court
Barun Kumar Sah @ Raghvendra Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is allowed, granting bail subject to bond and surety conditions under Section 482(2) of the CrPC.
Summary
Barun Kumar Sah, also known as Raghvendra Kumar Sah, feared arrest in a case registered under multiple sections of the BNS, 2023, stemming from an alleged drunken altercation on 9 January 2026 where he was said to have assaulted an informant with a lathi. The petitioner contended he has a clean record, that the serious injury to the informant's brother was caused by another individual (Shyam), and that his own alleged assault resulted only in a simple injury and was not repeated. He argued that the allegations were false and that the case should not be pursued under the Excise Act. The State opposed the anticipatory bail application. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, directing release if arrested within six weeks. The application was allowed, providing the petitioner protection from immediate arrest.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code despite the allegations under various sections of the BNS, 2023.
- Whether the nature and seriousness of the alleged offences warrant denial of anticipatory bail.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 329(4), 3(5), 351(2), 351(3), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- false implication
- Criminal Procedure Code
- BNS 2023
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40634 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- Kharagpur District- Munger
======================================================
Barun Kumar Sah @ Raghvendra Kumar Sah S/o Bajrang Lal Sah Resident
of Village / Mohalla - West Ajimganj, P.S - Kharagpur, District - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 329(4),
126(2), 115(2), 118(1), 109, 351(2), 351(3), 352, 3(5) of the
BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 09.01.2026 at 09:00PM Shyam and Barun
(petitioner) came to his house in a drunken condition and started
abusing, on objection, Shyam assaulted his brother Jay Shankar
by Khanti causing injury on head and leg while Barun assaulted
him by lathi causing injury on head and fled threatening not to
institute a case.
Patna High Court CR. MISC. No.40634 of 2026(2) dt.06-07-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant, it is next submitted that
though it is alleged that petitioner came in a drunken condition,
but then the case is not instituted under the Excise Act, it is
fairly submitted that injury suffered by Jay Shankar has been
opined to grievous, but then allegation of assaulting Jay Shankar
is against Shyam, it is next submitted that as far as petitioner is
concerned he is alleged to have assaulted the informant by lathi
causing injury on head and the blow is not alleged to be
repeated and the injury has been opined to be simple in nature,
as would manifest from the pleading made at Para 10 of the
anticipatory bail application.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioners.
6. Considering the submissions and taking into
consideration the fact that petitioner, the 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
Patna High Court CR. MISC. No.40634 of 2026(2) dt.06-07-2026
3/3
with Kharagpur P.S. Case No. 15 of 2026 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. The application stands allowed.
(Satyavrat Verma, J)
Nitesh/-
U T
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