Patna High Court
Pintu Kumar Das @ Pintu DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners subject to a bail bond of Rs.10,000 and two sureties, under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
The petitioners sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita for allegedly assaulting an informant and his family with lathi, danda and iron rod. The FIR described a trivial dispute that escalated into a melee, but the petitioners argued that the allegations were vague, the injuries minor, and that they had a clean antecedent, even filing a counter‑complaint. The State opposed the bail, contending the seriousness of the offences. The court examined whether the allegations justified arrest and whether Section 482 could be invoked to grant anticipatory bail. Considering the petitioners' clean record and the nature of the injuries, the court ordered anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482. The bail was to be surrendered within eight weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the Bhartiya Nyaya Sanhita for the offences alleged in the FIR.
- Whether the allegations in the FIR constitute a cognizable offence warranting immediate arrest.
- Whether the petitioners' clean antecedent and the minor nature of injuries justify granting bail.
- Whether the conditions imposed for bail are appropriate and sufficient.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(2), 126(2), 333, 3(5), 351(2), 352, 482
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nyaya Sanhita
- assault
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7172 of 2026
Arising Out of PS. Case No.-908 Year-2025 Thana- SONEPUR District- Saran
======================================================
1. Pintu Kumar Das @ Pintu Das S/O Lakshman Das R/O Vill.- Nawal Tola,
Sabalpur, P.s- Sonpur, District- Saran
2. Pankaj Das @ Pankaj Kumar Son of Ramlagan Das R/O Vill.- Nawal Tola,
Sabalpur, P.s- Sonpur, District- Saran
3. Om Prakash Kumar @ Prakash Kumar Son of Ramlagan Das R/O Vill.-
Nawal Tola, Sabalpur, P.s- Sonpur, District- Saran
4. Ramdeyal Das Son of Lakshman Das R/O Vill.- Nawal Tola, Sabalpur, P.s-
Sonpur, District- Saran
5. Dasrath Das Son of Aklu Das R/O Vill.- Nawal Tola, Sabalpur, P.s- Sonpur,
District- Saran
6. Rakesh Kumar Das@ Rakesh Kumar @ Rakesh Das Son of Shambhu Das
R/O Vill.- Nawal Tola, Sabalpur, P.s- Sonpur, District- Saran
7. Ramlagan Das Son of lakshman Das R/O Vill.- Nawal Tola, Sabalpur, P.s-
Sonpur, District- Saran
8. Deepak Kumar Das @ Deepak Kumar@ Deepak Das S/O Ramlagan Das
R/O Vill.- Nawal Tola, Sabalpur, P.s- Sonpur, District- Saran
9. Sunny Kumar Das @ Sunny Das S/O Ramdayal Das R/O Vill.- Nawal Tola,
Sabalpur, P.s- Sonpur, District- Saran
10. Shambhu Das Son of Aklu Das R/O Vill.- Nawal Tola, Sabalpur, P.s- Sonpur,
District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 333,
Patna High Court CR. MISC. No.7172 of 2026(2) dt.19-02-2026
2/3
109, 118(2), 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., these petitioners and one co-accused ,
lashed with Lathi, Danda & iron rod, came to the house of
informant and assaulted informant & his family members.
4. Learned counsel for the petitioners submits that on
a trivial issue, Maarpeet took place in which informant and
other family members sustained injuries. Allegation of assault is
general & omnibus and no specific overt act has been alleged
against petitioners. Most of the injuries, sustained by
informant’s side, are simple in nature. One complaint case was
also lodged by petitioner no. 3 (Om Prakash Kumar) against
informant & other family members, vide Complaint Case No.
2245 of 2025. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. In the facts and circumstances of the case, in the
event of arrest/surrender within a period of eight weeks from
today, let the above named petitioners be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned C.J.M., Saran at Chapra in connection with Sonepur P.S.
Case No. 908 of 2025, subject to condition as laid down under
Patna High Court CR. MISC. No.7172 of 2026(2) dt.19-02-2026
3/3
Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…