Patna High Court
VIDYA NAND SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioners subject to a bond and surety conditions.
Summary
The petitioners Vidya Nand Sah, Pramod Roy and Lalit Kumar Sah applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 118(2), 303(2), 351(2), 352 and 3(5) of the Bihar Non‑Serious (BNS) Act, alleging that they assaulted an informant during a land‑dispute scuffle but acted in self‑defence and have a clean antecedent. The State opposed the bail on the ground of the seriousness of the offences. The Court observed that there is a case‑and‑counter‑case arising from past enmity and that the petitioners may have caused injury without intention, and therefore granted them pre‑arrest bail subject to a bond of Rs 10,000 each with two sureties, under Section 438(2) Cr.P.C. and Section 482(2) BNS. The Court also directed the District Court to verify the petitioners’ criminal antecedents and stated that the order would lapse if they are found involved in other cases. The bail application was consequently disposed of.
Issues considered
- Whether pre‑arrest bail should be granted to the accused in offences under Sections 126(2), 115(2), 118(2), 303(2), 351(2), 352 and 3(5) of the BNS Act.
- Whether the claim of self‑defence and a clean antecedent justify the grant of bail.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNS are satisfied.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- pre‑arrest bail
- self‑defence
- land dispute
- assault
- Criminal Procedure Code
- Bihar Non‑Serious Act
- sections 126 115 118 303 351 352 3(5)
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5851 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- JANKINAGAR District- Purnia
======================================================
1. Vidya Nand Sah S/o- Late Darogi Sah R/v- Naulakhi Milki Tola Ps- Janki
Dist- Purnea
2. Pramod Roy @ Pramod Kumar @ Pramod Sah @ Pramod Kumar Suman
S/o- Uday Nand Sah R/v- Naulakhi Milki Tola Ps- Janki Dist- Purnea
3. Lalit Kumar Sah S/o- Arvind Sah R/v- Naulakhi Milki Tola Ps- Janki Dist-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikram Singh, Advocate.
For the Opposite Party/s : Mr.Satya Nand Shukla, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 06-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Janki Nagar P.S. Case No. 141 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 118(2),
303(2), 351(2), 352 and 3(5) of the BNS.
3. As per the allegation made in the F.I.R., while the
informant was cutting grass from his field, the petitioners along
with other co-accused persons arrived there and abused and
assaulted him. It is further alleged that they also assaulted the
informant’s family members.
Patna High Court CR. MISC. No.5851 of 2026(5) dt.06-04-2026
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4. Learned counsel appearing on behalf of the
petitioners submitted that due to past enmity and land dispute,
on the basis of false allegation, petitioners have been roped in
the present case. There is case and counter case between the
parties arising out of same incidence. Due to scuffle between the
parties, they indulged into fierce fight and in that process both
the parties sustained injury. The petitioners in their self defence
may have caused some injury to the informant’s side without
any intention. Petitioners have clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., there is case and counter case between the parties due
to past enmity and the petitioners may have caused some injury
to the informant’s side in their self defence without any
intention, the petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Purnea in
Patna High Court CR. MISC. No.5851 of 2026(5) dt.06-04-2026
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connection with Janki Nagar P.S. Case No. 141 of 2025, subject
to the condition as laid down under Section 438(2) Cr.P.C /
482(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U
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