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Patna High Court

Brahm Deo SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, co‑sharers in a land dispute, were accused of assaulting an informant and his family, causing injuries to twelve persons, including grievous injuries to two victims. The FIR alleged offences under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The petitioners argued that the dispute is civil, the injuries are non‑vital, and some co‑accused had already been granted anticipatory bail by a coordinate bench. The court considered the nature of the injuries, the pending title suit, and the precedent of bail to co‑accused. Finding that the allegations were general, the injuries were not life‑threatening, and bail had been granted in similar cases, the court granted anticipatory bail to the petitioners. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita, 2023.
  • Whether the civil land‑dispute context and the non‑vital nature of the injuries justify bail.
  • Whether the grant of anticipatory bail to co‑accused in a related case influences the decision.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • grievous injury
  • co‑accused
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • civil suit

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62532 of 2025
                      Arising Out of PS. Case No.-125 Year-2025 Thana- GHORASAHAN District- East
                                                        Champaran
                 ======================================================
           1.     Brahm Deo Sah Son of Late Matook Sah R/o Village Koraiya - Lakhan, P.S.
                  - Ghorasahan Dist. - East Champaran at Mothari
           2.    Mahesh Thakur Son of Late Raja Thakur R/o Village - Koaraiya - Lakhan,
                 P.S. - Ghorasahan, Dist. - East Champaran at Motihari.
           3.    Subhash Thakur Son of Heera Man Thakur R/o Village Koraiya - Lakhan,
                 P.S. - Ghorasahan Dist. - East Champaran at Mothari
           4.    Ram Nivash Thakur Son of Heera Man Thakur R/o Village Koraiya -
                 Lakhan, P.S. - Ghorasahan Dist. - East Champaran at Mothari
           5.    Dilip Thakur @ Dilip Kumar Son of Mahesh Thakur R/o Village Koraiya -
                 Lakhan, P.S. - Ghorasahan Dist. - East Champaran at Mothari

                                                                                 ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Akashdeep
                                                    Mr.Hans Lal Kumar
                 For the Opposite Party/s :         Mr. Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

6   20-02-2026         1.   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 Ghorasahan Police Station Case No. 125 of 2025,

                            dated 25.04.2025, disclosing offences punishable under

                            Sections          191       (2)/190/126         (2)/115       (2)/118

                            (1)/109(1)/76/303(2)/352/351 (2) of the Bhartiya Nyaya

                            Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,
Patna High Court CR. MISC. No.62532 of 2025(6) dt.20-02-2026
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                   is that on 25.04.2025, the petitioners, along with other co-

                   accused persons, named in the First Information Report,

                   variously armed, arrived at the land of the informant and

                   started abusing. Upon protest, the petitioners and other

                   accused persons assaulted the informant with farsha over

                   his head. It has further been alleged that when the family

                   members of the informant and others intervened in order

                   to save the informant, the petitioners and others assaulted

                   them also, due to which altogether 12 persons sustained

                   injuries.

              4.   Learned Counsel for the petitioners submits that both the

                   parties are co-sharers and there is land dispute between

                   them and a title suit is also pending between the parties. A

                   counter case has been lodged by the side of the petitioners

                   against the informant and others, bearing Ghorasahan

                   Police Station Case No. 126 of 2025. The allegation

                   against the petitioners are general and omnibus in nature

                   and majority of the victims have sustained simple injuries

                   except one Champa Devi, who has sustained grievous

                   injury in her elbow and the injury upon her is attributable

                   to the petitioner no. 1. Likewise, the grievous injury

                   sustained by Sunil Thakur in his finger is caused by
Patna High Court CR. MISC. No.62532 of 2025(6) dt.20-02-2026
                                            3/4




                   petitioner no. 3. The grievous injuries sustained by the

                   victims aforesaid are on non-vital parts of their bodies.

                   Some of the co-accused persons have been granted

                   anticipatory bail by a co-ordinate Bench of this Court,

                   vide order, dated 26.11.2025, passed in Criminal Misc.

                   No. 59056 of 2025.

              5.   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 having land dispute, case

                   and counter case is there, grievous injuries sustained by

                   the victims are on non-vital parts of their bodies and co-

                   accused persons have been granted anticipatory bail by a

                   co-ordinate Bench of this Court, I am inclined to grant the

                   petitioners privilege of anticipatory bail.

              6. This application is, accordingly, allowed.

              7.   Let the petitioners, above named, in the event of their

                   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     Sub     Divisional      Judicial   Magistrate,   East

                   Champaran, at Motihari, in connection with Ghorasahan
            Patna High Court CR. MISC. No.62532 of 2025(6) dt.20-02-2026
                                                        4/4




                              Police Station Case No. 125 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/-

U √     T   √


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