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Patna High Court

Anil DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 109(1), 115(2), 126(2), 329(4), 3(5), 351(2), 352
  • BNSS — s. 480(3)

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
                                            2/3




          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
                                                         3/3




                       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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