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Patna High Court

Premnath PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Premnath Prasad, applied for anticipatory bail after being accused in a police case of assaulting his co‑sharer with a sword over a land dispute, causing injuries to the informant's head. The petitioner argued that both parties are co‑sharers, there is a counter‑case lodged by him, and the injuries appear to be caused by a hard, blunt object rather than a sharp weapon. The informant opposed bail, asserting that the assault was with a sword and resulted in grievous injuries to vital parts of the head. The court considered the existence of a case and counter‑case, the nature of the alleged injuries, and the co‑ownership relationship, and found sufficient ground to grant anticipatory bail. Accordingly, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged assault with a sword and the co‑sharer relationship.
  • Whether the nature of the injuries (blunt vs. sharp) affects the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • co‑sharers
  • land dispute
  • Section 482
  • Bhartiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6021 of 2026
                   Arising Out of PS. Case No.-722 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
                 Premnath Prasad S/O Sarju Prasad Resident of Vill-Tandwa, P.S- Siwan
                 Muffasil, Distt- Siwan.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Ms.Kumari Anupam
                 For the State           :       Mr. Akshay Lal Pandit
                 For the informant       :       Mr. Abhishek Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   15-04-2026         1.   Heard learned Counsel for the petitioner, learned Counsel

                            for the informant and learned Additional Public

                            Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Siwan Mufassil Police Station Case No. 722 of 2025,

                            dated 13.10.2025, disclosing offences punishable under

                            Sections 126(2)/118(1)/109/352 of the Bhartiya Nyaya

                            Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 12.10.2025, at about 7:30 AM, while the

                            informant was going to his house, his co-sharer, i.e. the

                            petitioner, assaulted him on his head by means of sword,

                            due to land dispute and by the assault of the petitioner, the
Patna High Court CR. MISC. No.6021 of 2026(3) dt.15-04-2026
                                            2/3




                   informant sustained injury on his temple.

              4.   Learned Counsel for the petitioner submits that both the

                   parties are co-sharers and there is admitted land dispute

                   between them, which is evident from the First

                   Information Report itself. She further submits that though

                   there is allegation of assault by means of sword (a sharp

                   cutting weapon), but from the impugned order, it would

                   be evident that the injuries sustained by the informant are

                   caused by hard and blunt substance. There is counter case

                   also inasmuch as Siwan Mufassil Police Station Case No.

                   723 of 2025 has been lodged by the petitioner against the

                   informant of this case.

              5.   On the other hand, learned Counsel for the informant

                   vehemently opposes the prayer for anticipatory bail and

                   submits that there is direct allegation of assault upon the

                   petitioner and the informant has sustained grievous

                   injuries on the frontal area of head and left eyebrow,

                   which are vital parts of the bodies.

              6.   Regards being had to the submissions advanced on behalf

                   of the parties and taking into consideration the fact that

                   both the parties are co-sharers, there is case and counter

                   case between the parties and the informant has sustained
            Patna High Court CR. MISC. No.6021 of 2026(3) dt.15-04-2026
                                                        3/3




                               grievous injuries caused by hard and blunt substance,

                               though there is allegation of assault by sword, I am

                               inclined to grant the petitioner privilege of anticipatory

                               bail.

                          7. This application is, accordingly, allowed.

                          8.   Let the petitioner, above named, in the event of his arrest

                               or surrender before the Court below within a period of

                               four weeks from today, be released on bail on furnishing

                               bail bond of Rs. 10,000/- (ten thousand) with two sureties

                               of the like amount each to the satisfaction of learned

                               Chief Judicial Magistrate, Siwan, in connection with

                               Siwan Mufassil Police Station Case No. 722 of 2025,

                               subject to the condition laid down under Section 482 (2)

                               of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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