Patna High Court
Babua SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioner under Section 482 of the BNSS, 2023, subject to bond and verification conditions.
Summary
The petitioner, Babua Sah, aged about 57, was named in an FIR relating to a land dispute where he was alleged to have assaulted an informant with a lathi. He sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with multiple IPC offences. The petitioner argued innocence, his advanced age, and pointed out that co‑accused had already been granted anticipatory bail by the same and other benches. The State opposed the bail but did not contest the precedent of bail being granted to others. The Court, considering the facts, the petitioner’s claim of innocence, and the prior bail orders, granted anticipatory bail subject to a Rs.30,000 bond and conditions for verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482 of the BNSS, 2023 in view of the allegations and prior bail to co‑accused.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482, 482(2)
- Indian Penal Code — s. 147, 149, 307, 323, 324, 325, 341, 354, 379, 504, 506
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- land dispute
- assault
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4901 of 2026
Arising Out of PS. Case No.-486 Year-2024 Thana- SAHARSA SADAR District- Saharsa
======================================================
Babua Sah S/o Late Hari Sah R/o Kahra Block, Ward 24/42, PS- Saharsa,
District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Nitin, Advocate
Mr. Hariom Deepak, Advocate
Mr. S. Kumar, Advocate
Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Saharsa Sadar P.S. Case No. 486 of 2024,
lodged on 21.05.2024, under Sections 147/149/341/323/ 324 /
325/307/ 354/379/504/506 of the I.P.C.
3. As per the prosecution, FIR has been lodged against
16 named accused persons and 3-4 unknown accused persons
including the present petitioner. It has been alleged that all
Patna High Court CR. MISC. No.4901 of 2026(2) dt.04-02-2026
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accused persons variously armed came to the place of
occurrence and started abusing and assaulting the informant and
her family members. The specific allegation against the
petitioner is that he has assaulted by lathi.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that petitioner is aged about 57 years of age and
allegation of one lathi blow is against the petitioner. He further
submits that the cause of dispute between the parties are land
dispute where Panchayti took place but due to disrespect of the
Panchayti this occurrence took place. Learned Counsel submits
that co-accused have been granted anticipatory bail by the
coordinate Benches as well as by this Bench vide order dated
13.08.2025 passed in Cr. Misc. No.32439 of 2025, vide order
dated 01.12.2025 passed in Cr. Misc. No.80112 of 2025 and
vide order dated 21.01.2026 passed in Cr. Misc. No.79046 of
2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that some of the accused
persons have been granted anticipatory bail.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
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anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Chief Judicial Magistrate, Saharsa, in connection
with Saharsa Sadar P.S. Case No. 486 of 2024, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
7. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./-
U T
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