Patna High Court

Pawan Sah @ Pawan SahuversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioners subject to a bail bond and sureties, under Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023.

Summary

The petitioners, Pawan Sah and Tej Narayan Sah, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 329(4), 74, 303(2) and 109(1)/3(5) of the B.N.S.S, alleging they entered the informant's house and assaulted her son. The FIR was lodged four days after the alleged incident, and the parties were involved in a long‑standing land dispute, with the injuries reported as simple and caused by a blunt object. The State opposed the bail application. The Court considered the delay in filing the FIR, the nature of the injuries, and the background dispute, and ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023.

Issues considered

Whether anticipatory bail should be granted despite the delay in filing the FIR
Whether the nature of the alleged injuries and the land‑dispute context justify bail
Applicability of Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023 in granting anticipatory bail

Legislation cited

B.N.S.S., 2023 — s. 482
Code of Criminal Procedure — s. 438

Subjects

anticipatory bail
FIR delay
land dispute
assault
Section 438 CrPC
Section 482 B.N.S.S
Bihar criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69483 of 2025
                   Arising Out of PS. Case No.-103 Year-2025 Thana- CHERIYA BARIYARPUR District-
                                                        Begusarai
                 ======================================================
           1.     Pawan Sah @ Pawan Sahu S/o Tej Narayan Sah @ Tej Narayan Sahu R/o
                  vill - Kumbhi, ward no. 11, P.S.- Cheriyabariyarpur, Distt.- Begusarai
           2.     Tej Narayan Sah @ Tej Narayan Sahu S/o Late Nathuni Sah R/o vill -
                  Kumbhi, ward no. 11, P.S.- Cheriyabariyarpur, Distt.- Begusarai
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Randhir Kumar No 1
                 For the Opposite Party/s :      Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   21-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 126(2), 115(2), 329(4), 74, 303(2),

                   109(1)/3(5) of the BNS.

                                3. The allegation in the first information report is that

                   the petitioner and other co-accused persons entered into the house

                   of the informant and abused and assaulted her son and others

                   causing injuries.

                                4. Learned counsel for the petitioners submits, at the

                   outset, that the first information report has been lodged after a

                   delay of 4 days inasmuch while the occurrence is said to have

                   taken on 04.07.2025 the FIR was lodged on 08.07.2025. It has

                   further been submitted that both the sides are gotiyas having a

                   bonafide land dispute and as a matter of fact, the present case is
             Patna High Court CR. MISC. No.69483 of 2025(4) dt.21-01-2026
                                                         2/2




                       counter blast of Complaint Case No. 94 of 2025 filed by the wife

                       of petitioner no. 1 against the informant and his family members.

                       Further the injury reports of the injured persons as would be found

                       in the case diary indicates that all the injuries suffered by the

                       injured persons are simple in nature caused by hard and blunt

                       substance.

                                    5. The application for anticipatory bail is opposed by

                       learned A.P.P. for the State.

                                    6. Taking into consideration the facts and circumstances

                       and also considering the delay in the FIR, case and counter case

                       and also the nature of injury suffered, let the petitioners above

                       named, in the event of their arrest or surrender before the learned

                       Court below within a period of four weeks, be released on

                       anticipatory bail in connection with Cheriyabariyarpur P.S. Case

                       no.103 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees

                       Ten Thousand) each with two sureties of the like amount each to

                       the satisfaction of the learned Court below where the case is

                       pending subject to the condition laid down under Section 438(2) of

                       the Code of Criminal Procedure/Section 482(2) of the B.N.S.S,

                       2023.


                                                 (Soni Shrivastava, J)
devendra/-
U      T

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