Patna High Court
Premnath PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 118(1), 126(2), 352
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
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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
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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/-
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