Patna High Court
Chandan Sah @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to petitioner Chandan Sah.
Summary
The petitioners Chandan Sah and Lalan Sah sought anticipatory bail in connection with FIR No. 111 of 2025 alleging assault with a sword and iron rod, offences punishable under several sections of the Bhartiya Nyaya Sanhita, 2023. While Lalan Sah was arrested during the pendency of the application, rendering his part of the petition infructuous, the court proceeded to consider Chandan Sah's request. The court noted that the parties are agnates, there is an admitted land dispute, and the alleged injury to the informant's nephew was caused by a blunt object contrary to the claim of a sword attack. Considering Chandan Sah's status as a student of NIT Patna and the surrounding factual disputes, the court was inclined to grant anticipatory bail. Accordingly, the application was allowed, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties within four weeks, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the alleged offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged injuries and the existence of a land dispute between agnates affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 107, 109, 115, 118(1), 126(2), 3(5)
Subjects
- anticipatory bail
- land dispute
- agnates
- assault
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- student
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4457 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- YADOPUR District- Gopalganj
======================================================
1. Chandan Sah @ Chandan Kumar S/o Lalan Sah R/o Village - Baraipatti, P.S
- Yadopur, District - Gopalganj
2. Lalan Sah S/o Satyanarayan Sah R/o Village - Baraipatti, P.S - Yadopur,
District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Shekhar Pandey
Mr. Masoom Raza
Mr. Aman Kumar
For the State : Ms.Rina Sinha
For the informant : Mr. Narendra Kumar Roy
Mr. Shubham Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 21-04-2026 1. Learned Counsel for the petitioners informs that the
petitioner no. 2, Lalan Sah, has been arrested by the
police during the pendency of this application and this
application, so far as petitioner no. 2 is concerned, has
become infructuous.
2. Accordingly, this application, so far as petitioner no. 2, is
concerned, is dismissed as having become infructuous.
3. This application will now survive only for petitioner no.
1.
4. Heard learned Counsel for the petitioner no. 1, learned
Counsel for the informant and learned Additional Public
Patna High Court CR. MISC. No.4457 of 2026(5) dt.21-04-2026
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Prosecutor for the State.
5. This application, for grant of anticipatory bail, arises out
of Jadopur Police Station Case No. 111 of 2025, dated
10.06.2025, disclosing offences punishable under
Sections 126(2)/115/118(1)/107/109/3(5) of the Bhartiya
Nyaya Sanhita, 2023.
6. The prosecution case, as per the First Information Report,
is that on 08.06.2025, at about 11:30 AM, the petitioner
no. 1, along with other co-accused persons, reached near
the house of the informant and the petitioner no. 1
assaulted the nephew of the informant, Jainendra Sah, by
means of sword on his head, eye and chest. The petitioner
no. 1 also assaulted the husband of the informant by
means of iron rod on his hand, due to which the hand of
the informant’s husband got fractured.
7. Learned Counsel for the petitioner no. 1 submits that the
petitioner is innocent and has falsely been implicated in
this case. He further submits that both the parties are
agnates and there is land dispute between them. There is
case and counter case between the parties inasmuch as
Jadopur Police Station Case No. 113 of 2025 has been
lodged by the co-accused Suganti Devi against the
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informant and others. He further submits that there is
allegation against the petitioner no. 1 that he assaulted
Jainendra Sah on his head by sword (a sharp cutting
weapon), but the doctor has opined the injury sustained
by said Jainendra on his head to be caused by hard and
blunt substance. He next submits that the petitioner no. 1
is a student of National Institute of Technology, Patna,
and is pursuing B.Tech-M. Tech course.
8. On the other hand, learned Counsel for the informant
vehemently opposes the prayer for anticipatory bail and
submits that the injuries attributable to the petitioner no. 1
is found to be grievous in nature.
9. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
both the parties are agnates, there is admitted land dispute
between the parties, there is case and counter case
between the parties, the victim Jainendra Sah, who has
allegedly been assaulted by the petitioner no. 1 on his
head by sword, has sustained injury on his head caused by
hard and blunt substance and the petitioner is a student of
National Institute of Technology, Patna, I am inclined to
grant the petitioner no. 1 privilege of anticipatory bail.
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10.This application is, accordingly, allowed.
11. Let the petitioner no. 1, above named, in the event of his
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-X,
Gopalganj, in connection with Jadopur Police Station
Case No. 111 of 2025, subject to the condition laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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