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Patna High Court

Vishun SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners.

Summary

The petitioners Vishun Sah, Akhilesh Sah and Mukesh Kumar Sah sought anticipatory bail fearing arrest in a case (Chapra Town PS 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, citing the victim's injury report and asserting false implication despite their prior criminal antecedents. The State opposed the bail application. The Court, noting that the injury was simple in nature, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S. The order directs release upon arrest or surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted in a case of assault causing simple injury under the B.N.S. and Arms Act.
  • Whether the petitioners' prior criminal antecedents preclude the grant of bail.
  • Applicability of Section 438(2) CrPC and Section 482 B.N.S. in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • simple injury
  • assault
  • criminal antecedents
  • Section 438 CrPC
  • Section 482 B.N.S.
  • Arms Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42425 of 2026
                    Arising Out of PS. Case No.-205 Year-2026 Thana- CHAPRA TOWN District- Saran
                 ======================================================
           1.     Vishun Sah S/O Late Yamuna Sah Resident of village- Diliya Rahimpur,
                  Adda No- 2, Police Station - Revilganj, District- Saran.
           2.    Akhilesh Sah S/o Vishun Sah Resident of village- Diliya Rahimpur, Adda
                 No- 2, Police Station - Revilganj, District- Saran.
           3.    Mukesh Kumar sah @ Gardan Sah S/o Vishun Sah Resident of village-
                 Diliya Rahimpur, Adda No- 2, Police Station - Revilganj, 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 :      Ms.Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-07-2026                        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

                   the petitioners that the petitioners are innocent and they have
              Patna High Court CR. MISC. No.42425 of 2026(2) dt.09-07-2026
                                                          2/2




                        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 no. 3 has two criminal antecedents.

                                         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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