Patna High Court
Anil DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Anil Das, was charged with multiple offences under the BNS for allegedly assaulting an informant and his mother during a land dispute. He claimed he was falsely implicated and that the allegations against him were vague and non‑specific. The State opposed bail, citing the seriousness of the injuries to the informant. The court noted the petitioner’s clean antecedents, the passage of time since custody, and the lack of specific charges, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also required the petitioner’s presence in court as directed and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted in view of non‑specific allegations and the petitioner’s clean antecedents
- Whether the nature of the alleged offences and the injuries sustained justify denial of bail
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable
Legislation cited
Subjects
- bail
- criminal procedure
- false implication
- assault
- non‑specific allegations
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6062 of 2026
Arising Out of PS. Case No.-387 Year-2025 Thana- BANKA District- Banka
======================================================
Anil Das S/o Late Sudin Das R/o Village- Vijaynagar, P.S- Banka, Dist-
Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md.Najmul Hodda, Adv.
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Banka P.S. Case No. 387 of 2025, registered for
the offences under Sections 126(2), 115(2), 329(4), 109(1),
351(2), 352, 3(5) of the BNS.
3. As per the prosecution case, petitioner and other co-
accused persons assaulted the informant making him
unconscious. Mother of the informant was also assaulted. The
occurrence took place in the background of some altercation
between co-accused persons and the wife of the informant.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in this case and is
innocent. Both the parties are co-villagers and there is land
Patna High Court CR. MISC. No.6062 of 2026(2) dt.04-02-2026
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dispute between them. The informant side has been draining his
daily use water on the land of the petitioner and in this
background some altercation took place and the informant side
got irritated and a free fight erupted between the parties. Persons
from both the sides received injuries. There is no specific
allegation against the petitioner and the allegations are general,
vague and omnibus. The petitioner is having clean antecedent
and he is in custody since 03.09.2025. Charge sheet has been
submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner. Learned APP
submits that the rejection order of the prayer for bail of the
petitioner by the learned Additional Sessions Judge-III, Banka
shows that the informant received a large number of injuries.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
non-specific nature of allegation against the petitioner, his
period of custody and submission of charge sheet, the petitioner
is directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned CJM,
Banka/concerned court, in connection with Banka P.S. Case No.
Patna High Court CR. MISC. No.6062 of 2026(2) dt.04-02-2026
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387 of 2025, subject to the condition laid down under Section
480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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