Patna High Court
Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court inclined to grant anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the B.N.S.S. 2023.
Summary
The petitioner, Sagar Kumar, a 20‑year‑old resident of Chandpur, was implicated in an FIR alleging that he entered the house of a neighbour, assaulted the female informant and her father, and later, with accomplices, assaulted other family members and stole jewellery. The FIR, filed under multiple sections of the Bihar Negotiable Securities Act, 2023 and Section 8 of the POCSO Act, was said by the petitioner’s counsel to be motivated by a local dispute over a passage and drainage. The State argued that the petitioner’s conduct constituted assault and that the informant’s statement supported the prosecution. The petitioner sought anticipatory bail, claiming the case was filed to pressure him regarding the drainage issue. Considering the neighbourly dispute and the circumstances, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to appear before the Special Judge, POCSO, within four weeks, subject to Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR alleging assault and offences under the B.N.S.S. 2023 and POCSO Act.
- Whether the neighbourly dispute over passage and drainage can be a ground to deem the FIR as malicious and justify bail.
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
- POCSO Act — s. 8
Subjects
- anticipatory bail
- assault
- neighbour dispute
- POCSO Act
- Section 482
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64294 of 2025
Arising Out of PS. Case No.-185 Year-2025 Thana- DHORAIYA District- Banka
======================================================
Sagar Kumar S/O Subodh Mandal R/O Village- Chandpur, Police Station-
Dhoraiya, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX D/O Mukesh Mandal R/O Village- Chandpur, P.S- Dhoraiya, Distt.-
Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee
For Opposite Party/state: Mrs.Sucheta Yadav
For the OP – 2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 24-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Dhoraiya P.S. Case No. 185 / 2025 dated 07.06.2026 registered
under Sections 126(2) / 115(2) / 76 / 352 / 351(2) / 303( 2) /
3(5) of the B.N.S. 2023 and Section 8 of the POCSO Act.
3. As per first information report lodged by the informant
-victim on 05.06.2025 in the night while she was sleeping in the
verandah of her house at about 9:00 P.M. the petitioner entered
into the house of the informant, caught hold her hands and
started misbehaving. When the informant made a noise, her
mouth was pressed and the petitioner started assaulting. Upon
the noise, the father of the informant came, upon which the
Patna High Court CR. MISC. No.64294 of 2025(6) dt.24-02-2026
2/3
petitioner assaulted him also. After twenty minutes the
petitioner along with family members arrived there, started
abusing and assaulted with lathi, danda to the family members
of the informant and the petitioner’s father Subodh Mandal
assaulted the father of informant by ‘lathi’. The petitioner
snatched golden nose pin etc. from the informant.
4. Learned counsel for the petitioner submits that petitioner is
twenty years old and is residing adjacent to the house of the
informant. There is dispute with regard to passage and drainage
between them. The present FIR has been lodged in order to put
pressure upon the petitioner and his family members not to
make any complaint regarding drainage water.
5. No one appears for the opposite party no. 2.
6. Learned counsel for the State argued that the petitioner
entered into the house of the informant and as per the FIR
misbehaved with her. The informant has supported the
prosecution story under Section 183 B.N.S.S.
7. Regard being had to the submission made by the parties,
taking into consideration the fact that both the parties are
neighbours having dispute regarding passage and drainage,
accordingly, I am inclined to grant anticipatory bail to the
petitioner.
Patna High Court CR. MISC. No.64294 of 2025(6) dt.24-02-2026
3/3
8. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
Additional Sessions Judge-6-cum-Special Judge, POCSO,
Banka / court concerned, Banka in connection with Dhoraiya
P.S. Case No. 185 / 2025 subject to the condition as laid down
under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
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