Patna High Court
Vijay Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, who are agnates of the informant, were accused of assaulting the informant and his family in a long-standing land dispute, with allegations of injuries to Chandrashekhar Sah and Avinash Kumar. The FIR (Case No. 215 of 2024) listed offences under several sections of the Bharatiya Nyaya Sanhita. The petitioners argued that the allegations were vague, that the actual assault was committed by another person, and that the case was a retaliatory measure against a counter‑case they had filed. The informant’s counsel contended that all accused, including the petitioners, actively participated in the assault. Considering the familial relationship, the land dispute, and the lack of specific attribution, the Court was inclined to grant anticipatory bail, subject to conditions under Section 482(2) of the B.N.S.S. The application was allowed, directing bail on furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under the Bharatiya Nyaya Sanhita in the context of the alleged assault and land dispute?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- land dispute
- assault
- agnates
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61140 of 2025
Arising Out of PS. Case No.-215 Year-2024 Thana- AURAI District- Muzaffarpur
======================================================
1. Vijay Kumar Sah S/o Ram Dayal Sah R/o Village- Beshi, PS- Aurai,
District- Muzaffarpur
2. Golu Kumar S/o Uday Shankar Sah R/o Village- Beshi, PS- Aurai, District-
Muzaffarpur
3. Keshav Kumar S/o Vijay Kumar Sah R/o Village- Beshi, PS- Aurai, District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 20-02-2026 Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail, arises
out of Aurai Police Station Case No. 215 of 2024, disclosing
offences under Sections 191(2), 191(3), 190, 126(2), 115(2),
118(1), 109, 352, 351(2) of Bharatiya Nyaya Sanhita.
3. The prosecution case, as per the First Information
Report, is that on 06.10.2024, at about 07:00 to 08:00 am, in the
morning, the petitioners along with other accused persons i.e.,
total six in numbers, arrived at the door of the informant along
with lethal weapons and started abusing them. It has further
been alleged that accused persons assaulted the informant and
Patna High Court CR. MISC. No.61140 of 2025(4) dt.20-02-2026
2/3
his family members.
4. Learned counsel for the petitioners submits that the
petitioners and the informant’s side are agnates and that there
exists a long-standing land dispute between the parties. The
present case is a counterblast of Aurai P.S. Case No. 216 of
2024 instituted by the petitioners’ side against the informant and
others. Referring to the statement of the injured witness,
Chandrashekhar Sah, learned counsel submits that he has
specifically stated that Avinash Kumar was assaulted by Ram
Dayal Sah and not by the present petitioners. Learned counsel
further submits that although Avinash Kumar has sustained
injury on his wrist and Chandrashekhar Sah has sustained a
grievous injury on his head, the allegations made against the
petitioners are general and omnibus in nature without any
specific attribution of overt act.
5. Learned counsel appearing on behalf of the
informant has opposed the prayer for bail and submits that all
the accused persons, including the present petitioners, actively
participated in the assault upon the informant and his family
members, as a result of which Chandrashekhar Sah sustained
grievous injury and Avinash Kumar suffered a serious injury on
his wrist.
Patna High Court CR. MISC. No.61140 of 2025(4) dt.20-02-2026
3/3
6. Regards being had to the submissions made by the
parties and taking into consideration the fact that both the
parties are agnates, having longstanding land dispute, case and
counter case is there, I am inclined to grant the petitioners
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail 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 (East), Muzaffarpur, in connection with Aurai Police
Station Case No. 215 of 2024, subject to the condition laid
down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
Siwani/-
U T
Checking your session…