Patna High Court
Panchanand SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that, given the existence of a case‑and‑counter‑case, the petitioner’s clean antecedents and the simple nature of the injury, anticipatory bail should be granted subject to conditions under Section 482(2) of the BNSS.
Summary
Panchanand Sah was implicated in an FIR alleging assault with a lathi on the informant's wife, resulting in head injuries. The petitioner claimed false implication, noting a family dispute and a case‑and‑counter‑case with only simple injury to the informant's side and a clean antecedent. The State opposed anticipatory bail. The court considered the nature of the dispute, the minor injury, and the petitioner's clean record, and found these factors sufficient to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNSS. The order directed release upon arrest or surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault under Sections 126(2), 115(2), 118(2), 109, 351(2), 352 and 3(5) of the BNS.
- Whether the existence of a case and counter case and the simple nature of the injury justify the grant of anticipatory bail.
- Whether the petitioner’s clean antecedent warrants relief under Section 482(2) of the BNSS.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- case and counter case
- clean antecedent
- simple injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5756 of 2026
Arising Out of PS. Case No.-180 Year-2025 Thana- YADOPUR District- Gopalganj
======================================================
Panchanand Sah, Aged about 52 years, (M), S/o Late Shivpujan Sah,
Resident of Village- Hirapakad, P.S.- Jadopur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(2), 109, 351(2), 352 and 3(5) of BNS.
3. As per allegation in the FIR, the petitioner along
with other co-accused have assaulted by means of lathi on the
head of the wife of the informant, as a result of which she
sustained head injuries.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case. He next
submits that the petitioner and the informant are own brothers
and reside adjacent to each other, with an ongoing dispute for
boundary wall between them and there is case and counter case
Patna High Court CR. MISC. No.5756 of 2026(2) dt.04-02-2026
2/2
between them. He next submits that the injury caused on the
person of the informant side which is simple in nature.
Petitioner has got clean antecedent as stated in para-3 of the
petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid circumstances as also the
fact that there is case and counter case between the parties and
both the parties were injured in which only one person from the
informant side had received simple injury, so I am inclined to
grant anticipatory bail to above-named petitioner. Let the above-
named petitioner be released on anticipatory bail in the event of
his arrest or surrender before the trial Court within a period of
six weeks from today on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each to
satisfaction of the learned ACJM-X, Gopalganj in connection
with Yadopur P.S. Case No. 180 of 2025, subject to the
condition as laid down under Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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