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Patna High Court

Anand BaithaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

Anand Baitha was arrested in connection with a FIR alleging that he and others assaulted an informant and his family over a land dispute, charging him under several sections of the Bhartiya Nyaya Sanhita, 2023. The prosecution claimed the petitioner struck the informant on the head with a blunt instrument, causing head injury. The petitioner contended he was falsely implicated, that the case stemmed from a family land dispute, and that the medical report showed only simple injuries caused by blunt objects, not a sharp weapon. The State opposed the bail application. After evaluating the evidence and submissions, the court ordered the petitioner released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Khatim Reza.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious offences charged under the Bhartiya Nyaya Sanhita, 2023
  • Whether the medical report undermines the prosecution’s allegation of a sharp‑weapon assault

Legislation cited

Subjects

  • bail
  • Bhartiya Nyaya Sanhita
  • assault
  • land dispute
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4483 of 2026
                   Arising Out of PS. Case No.-455 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Anand Baitha, S/o Bhulan Baitha, R/o Village - Shyampur, P.S - Kuchaikote,
                 District - Gopalganj
                                                                          ... ... Petitioner/s

                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :      Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Kuchaikote P.S. Case No. 455 of 2025 dated 07.10.2025, instituted

                   for the offence punishable under Sections 126(2), 115(2), 117(2),

                   109, 352, 351(2), 3(5) of Bhartiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that on the alleged

                   date of occurrence, the petitioner and other accused persons

                   abused the informant and his family members. It is further alleged

                   that the petitioner assaulted on the head of the informant by means

                   of Daab.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in this

                   case. Learned counsel for the petitioner further submits that there
           Patna High Court CR. MISC. No.4483 of 2026(2) dt.28-01-2026
                                                       2/2




                     is case and counter case between the parties. Both the sides are

                     close agnates. Due to land dispute, the said F.I.R. has been lodged.

                     Learned counsel for the petitioner further submits that specific

                     allegation against the petitioner is that he assaulted with sharp cut

                     weapon on the head of the informant, due to which he sustained

                     head injury. On the contrary, the injury report does not support the

                     case of the prosecution. The Doctor opined that all the injury are

                     simple in nature and caused by hard and blunt substances. Lastly,

                     it has been submitted that the petitioner is in custody since

                     28.11.2025 having one criminal case against him. Charge-sheet

                     has been submitted in the case.

                                   5. Learned A.P.P. has opposed the prayer for bail of the

                     petitioner.

                                   6. Having considered the facts and circumstances of the

                     case and submissions of learned counsel for the parties, let the

                     petitioner be released on bail upon furnishing bail bonds of Rs.

                     10,000/- (ten thousand) with two sureties of the like amount each

                     to the satisfaction of the learned C.J.M., Gopalganj in Kuchaikote

                     P.S. Case No. 455 of 2025.


                                                                  (Khatim Reza, J)

premchand/-

U      T


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