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Patna High Court

Hari Shankar Sah @ Hari Shankar PrasadversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail is granted where injuries are simple but denied where serious injuries to vital parts are alleged.

Summary

The petitioners filed an application for anticipatory bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita relating to assault and related offences. The prosecution alleged that the accused, who were agnates involved in a land dispute, had attacked the informant's family with weapons, causing injuries of varying severity. The petitioners argued that they were falsely implicated and that the injuries were either simple or unproved. The court examined the nature of the injuries, noting that petitioners 3 and 4 were alleged to have caused serious injuries to vital parts of the victims, whereas petitioners 1, 2 and 5 were linked only to simple injuries. Accordingly, the court denied anticipatory bail to petitioners 3 and 4 but granted it to petitioners 1, 2 and 5, subject to bail bond conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the accused persons in view of the nature and seriousness of the injuries alleged.
  • Whether the severity of injuries to vital parts justifies denial of anticipatory bail.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the court to conditionally grant anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • injury severity
  • Bharatiya Nyaya Sanhita
  • Section 482
  • land dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4453 of 2026
                 Arising Out of PS. Case No.-301 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
           1.     Hari Shankar Sah @ Hari Shankar Prasad S/o Banarsi Sah @ Anarsi Prasad
                  R/o village- Sundarpatti, PS- Pakaridyal, Dist- East Champaran
           2.    Rajeshwar Sah S/o Banarsi Sah @ Anarsi Prasad R/o village- Sundarpatti,
                 PS- Pakaridyal, Dist- East Champaran
           3.    Ramashankar Sah @ Ramashankar Prasad S/o Banarsi Sah @ Anarsi Prasad
                 R/o village- Sundarpatti, PS- Pakaridyal, Dist- East Champaran
           4.    Ramji Sah S/o Banarsi Sah @ Anarsi Prasad R/o village- Sundarpatti, PS-
                 Pakaridyal, Dist- East Champaran
           5.    Suraj Sah @ Suraj Kumar S/o Ramashankar Sah @ Ramashankar Prasad
                 R/o village- Sundarpatti, PS- Pakaridyal, Dist- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr .Anil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   05-05-2026                      Heard learned Counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Pakaridayal Police Station Case No. 301 of 2025,

                   registered for the offences punishable under Sections 191(2),

                   191(3), 126(2), 115(2), 352, 351(2), 118(2), 109, 125(a), 117(2)

                   and 76 of Bharatiya Nyaya Sanhita.

                                3. The prosecution case, in brief, is that on 10.06.2025

                   at about 11:00 a:m, dispute arose when petitioner no. 4 uprooted
Patna High Court CR. MISC. No.4453 of 2026(4) dt.05-05-2026
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          a peg and on protest being made by the informant, he abused

          and threatened him. Thereafter, all the accused persons,

          including the petitioners, allegedly came on the place of

          occurrence by tractor along with other persons carrying

          weapons and surrounded the house of the informant. The

          allegation against the petitioners is that petitioner no. 4 and co-

          accused Puja Devi allegedly sprinkled chilli powder due to

          which informant’s family members unable to see. Petitioner no.

          4 also assaulted Radhe Shyam Sah with an iron rod on his head

          and both hands causing oozing head injury. Petitioner no. 3

          inflicted lathi blow on the head of Lal Babu Sah, while

          petitioner no. 5 inflicted rod blow on the right hand of Lal Babu

          Sah, causing injury on his right hand and also assaulted on his

          eyes. Co-accused Om Prakash Sah inflicted knife blow on father

          of the informant due to which he sustained sharp cut injury on

          his neck. Petitioner no. 2 caught hold hair of the informant’s

          mother, namely, Fuljhari Devi and assaulted her with a brick on

          her head. Petitioner no. 1 along with co-accused Rohit Kumar is

          alleged to have assaulted with leg and fist on informant’s elder

          sister in-law, namely, Guddy Devi, during which she was

          subjected to physical assault and her clothes were disarranged.

                       4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.4453 of 2026(4) dt.05-05-2026
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          petitioners are innocent and have been falsely implicated due to

          land dispute between the parties, who are agnates. The FIR has

          been lodged after delay of about ten days and is a result of civil

          and property dispute between the parties due to which civil case

          vide Title Suit No. 305 of 2025 is pending between the parties in

          which petitioners’ father is plaintiff and Phuljhari Devi who is

          mother of the informant is defendant. Injury sustained by

          Phuljhari Devi is simple in nature, whereas the medical opinion

          regarding the other injured persons has been kept reserved.

                       5. Learned Additional Public Prosecutor for the State

          has vehemently opposed the prayer for anticipatory bail and

          submits that petitioner nos. 3 and 4 have assaulted Radhe

          Shyam Sah, causing injury measuring 3” × 1” × ½” on his head.

          Petitioner no. 4 assaulted Lal Babu Kumar, due to which he

          sustained similar injury on his forehead, attributable to

          petitioner nos. 3 and 4. Altogether seven persons have sustained

          injuries in the occurrence.

                       6. Considering the nature of injuries caused on the

          vital parts of the victims, I am not inclined to grant anticipatory

          bail to petitioner nos. 3 and 4.

                       7. Accordingly, the prayer for anticipatory bail of

          petitioner nos. 3 and 4 is rejected.
           Patna High Court CR. MISC. No.4453 of 2026(4) dt.05-05-2026
                                                       4/4




                                  8. However, considering the nature of injuries

                     attributed to petitioner nos. 1, 2 and 5 are simple in nature, I am

                     inclined to grant anticipatory bail to them.

                                  9. Accordingly, the prayer for anticipatory bail of

                     petitioner nos. 1, 2 and 5 is allowed.

                                  10. Let the petitioner nos. 1, 2 and 5, above named, in

                     the event of their arrest or surrender before the Court below

                     within four weeks, 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 learned Additional Chief

                     Judicial Magistrate 8, Motihari, East Champaran, in connection

                     with Pakaridayal Police Station Case No. 301 of 2025, subject

                     to the condition laid down under Section 482 (2) of the

                     Bharatiya Nagarik Suraksha Sanhita.




                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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