Patna High Court
Brahm Deo SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352, 76
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
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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,
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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
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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
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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/-
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