Patna High Court
Jathu Saw @ Bijendra SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that the petitioners are entitled to bail, subject to the conditions stipulated under Section 480(3) of the BNSS.
Summary
The petitioners, Jathu Saw and Rekha Devi, were arrested in connection with an assault case (Chandi P.S. Case No. 193 of 2025) alleging multiple offences under the Bharatiya Nyaya Sanhita, 2023, including grievous hurt and attempt to murder. The prosecution alleged that the petitioners, along with co‑accused, attacked the informant and his family with bricks and rods, causing serious head injuries, particularly to the informant's mother, Bebi Devi. The petitioners contended that they were falsely implicated due to a land‑dispute with the informant's father, who is their brother, and argued that the FIR exaggerated the injuries and that they have clean antecedents. The State opposed bail, emphasizing the severity of the injuries and the nature of the offences. The Court considered the general and omnibus nature of the allegations, the period of custody since July 2025, and the fact that a charge‑sheet had already been filed. It held that bail could be granted subject to the conditions prescribed under Section 480(3) of the BNSS. Accordingly, the petitioners were released on bail with a bond of Rs.10,000 and specific surety and compliance conditions.
Issues considered
- Whether bail should be granted to the accused under Section 480(3) of the Bharatiya Nyaya Sanhita, 2023 despite the seriousness of the alleged offences.
- Whether the existence of a charge‑sheet and the period of custody justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 480(3), 76
Subjects
- bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 480
- injury
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69765 of 2025
Arising Out of PS. Case No.-193 Year-2025 Thana- CHANDI District- Nalanda
======================================================
1. Jathu Saw @ Bijendra Saw S/O Late Bhajan saw @ Dhannu Saw R/o-
Village- Utra, P.O.-BhediyaUtra, P.S.- Chandi, District- Nalanda.
2. Rekha Devi W/O Jathu Saw @ Bijendra Saw R/o- Village- Utra, P.O.-
BhediyaUtra, P.S.- Chandi, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shashi Priya Pathak, Advocate
Mr. Ambrish Kr Jha, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
For the Informant : Mr. Chhotelal Mishra, Advocate
Mr. Jyoti Prasad, Advocate
Mr. Nagendra Kumar, Advocate
Mr. Himanshu, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Chandi P.S. Case No. 193 of 2025 registered for
the alleged offences under Sections 329(3), 126(2), 115(2), 76,
109, 303(2), 352 and 351(2) r/w Section 3(5) of Bharatiya Nyaya
Sanhita, 2023.
03. As per prosecution case, petitioners and other co-
accused persons assaulted the informant with pieces of brick,
causing fracture of his head. When the mother of the informant
intervened, she was assaulted with rod and khanti on her head,
causing fracture of her forehead. The sister and the father of the
Patna High Court CR. MISC. No.69765 of 2025(3) dt.06-01-2026
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informant were also assaulted.
04. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. The father of the informant and the petitioners are brothers
and there is dispute over right of way and due to this land
dispute, occurrence took place and both sides received injuries.
Though it was a minor quarrel, the FIR has been lodged with
serious allegation. There is only one injury report which is of
Bebi Devi and absence of injury reports of other victims falsifies
the allegation against the petitioner and others. Learned counsel
further submits that the petitioner is having clean antecedent and
is in custody since 24.07.2025. Charge-sheet has been submitted.
05. Learned APP for the State as well as learned
counsel for the informant vehemently oppose the submission
made on behalf of the petitioner. Learned counsel for the
informant submits that in the alleged assault, Bebi Devi received
serious injuries and mild cerebral and cerebellar atrophy and
minimally displaced fractures in anterior wall of both frontal
sinus and nasal bones of both sides with overlying soft tissue
swelling and pneumo-orbit has been mentioned in the injury
report and it shows the petitioners’ side brutally assaulted the
mother of the informant.
06. Having regard to the facts and circumstances and
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submissions made on behalf of the parties and considering the
general and omnibus nature of allegation and also considering
the period of custody of the petitioners along with submission of
charge-sheet, the petitioners above named are directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-I,
Hilsa (Nalanda)/court concerned in connection with Chandi P.S.
Case No. 193 of 2025, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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