Patna High Court
Shatrudhan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the petitioners' prayer for anticipatory bail.
Summary
The petitioners, Shatrudhan Sah and Surat Sah, sought anticipatory bail fearing arrest in a case (Bangra P.S. Case No. 119 of 2025) alleging offences under several sections of the B.N.S. The prosecution alleged that the petitioners assaulted an informant and her family. The petitioners contended they were innocent and that the case was a retaliatory false case stemming from a prior complaint they had lodged. The State opposed the bail, but the court, considering the counter‑case dynamics and the minor nature of the alleged injuries, granted anticipatory bail. The court ordered that if arrested within eight weeks, the petitioners be released on bail of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the allegations and the alleged false nature of the case
Legislation cited
Subjects
- anticipatory bail
- false case
- counter case
- Section 482
- criminal procedure
- Bihar
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5195 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- NATIONAL HIGHWAY District-
Samastipur
======================================================
1. Shatrudhan Sah Son of Surat Sah Resident of Village- Kothia, P.S.- Bangra,
District- Samastipur
2. Surat Sah Son of Late Ramji Sah Resident of Village- Kothia, P.S.- Bangra,
District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Khushi Awadh, Advocate
Mr. Jitendra Narain Sinha, Advocate
For the State : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 115(2),
118(2), 126(2), 352, 351(2), 76, 109(1) and 3(5) of the B.N.S..
3. As per prosecution case, all the F.I.R. named
accused persons, including these petitioners, assaulted informant
and her family members.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, the present case
is counter-blast of Bangra P.S. Case No. 118 of 2025 which was
Patna High Court CR. MISC. No.5195 of 2026(2) dt.03-02-2026
2/2
lodged by Petitioner No. 2 against the informant and others and
only with a view to save their skin from the aforesaid case, this
false and concocted case has been lodged. Doctor has found the
injuries, allegedly caused by these petitioners, simple in nature.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, case and counter-case between the parties and nature of
injuries allegedly caused by these petitioners, the prayer for
grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Samastipur in connection with Bangra P.S.
Case No. 119 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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