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Patna High Court

Vijay Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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