Patna High Court
Anand BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352
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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