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Patna High Court

Chandan Sah @ Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.4457 of 2026(5) dt.21-04-2026
                                            3/4




                   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.
            Patna High Court CR. MISC. No.4457 of 2026(5) dt.21-04-2026
                                                        4/4




                          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/-

U √     T   √


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