Patna High Court
Ganesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to all petitioners subject to surrender within eight weeks and furnishing a bail bond of Rs 10,000 with two sureties each, under the condition of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, a group of agnate family members, were implicated in a violent incident on 13 June 2023 during a land dispute, during which they allegedly assaulted an informant and his brother with weapons, caused injuries, stole a wrist‑watch and damaged a hut. The prosecution charged them under several sections of the Indian Penal Code (341, 323, 324, 307, 379, 427, 504 and 34) and the case was registered as PS‑184/2023. Although the police charge‑sheet named only the first two petitioners, the magistrate took cognizance against all seven accused. The petitioners, claiming clean antecedents, applied for bail, while the State opposed the relief. The High Court, considering the nature of the offences, the lack of prior criminal record and the condition that the accused surrender within eight weeks, granted bail on a bond of Rs 10,000 with two sureties each, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the accused despite the serious nature of the offences alleged under the IPC.
- Whether the magistrate could take cognizance against all accused when the charge‑sheet named only two.
- Whether the condition imposed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, is appropriate for bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 427, 504
Subjects
- bail
- Indian Penal Code
- land dispute
- agnates
- chargesheet
- cognizance
- surety
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7221 of 2026
Arising Out of PS. Case No.-184 Year-2023 Thana- BAIRIYA District- West Champaran
======================================================
1. Ganesh Sah S/O Late Rambriksh Sah Resident of Village- Bhatwaliya, P.S.-
Bairiya, Distt.- West Champaran.
2. Anwat Sah S/O Late Rambriksh Sah Resident of Village- Bhatwaliya, P.S.-
Bairiya, Distt.- West Champaran.
3. Sanjay Sah S/O Anwat Sah Resident of Village- Bhatwaliya, P.S.- Bairiya,
Distt.- West Champaran.
4. Dhananjay Sah @ Dhananjay Kumar Sah S/O Anwat Sah Resident of
Village- Bhatwaliya, P.S.- Bairiya, Distt.- West Champaran.
5. Ranjan Sah @ Rajan Sah S/O Ganesh Sah Resident of Village- Bhatwaliya,
P.S.- Bairiya, Distt.- West Champaran.
6. Raj Kumari Devi W/O Anwat Sah Resident of Village- Bhatwaliya, P.S.-
Bairiya, Distt.- West Champaran.
7. Lalchunni Devi W/O Ganesh Sah Resident of Village- Bhatwaliya, P.S.-
Bairiya, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
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 341, 323, 324, 307,
379, 427, 504/34 of the Indian Penal Code.
3. As per prosecution case, on 13.06.2023 at about
4.30 PM, all the FIR named accused persons including these
Patna High Court CR. MISC. No.7221 of 2026(2) dt.19-02-2026
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petitioners came and assaulted informant and his brother by
means of Farsa, iron rod, Lathi & Danda, causing several
injuries to them. Accused persons also snatched wrist watch
from the hand of informant and damaged the hut of informant.
4. Learned counsel for the petitioners submits that
both parties are Agnates and land dispute is going on between
them. Police, after investigation, submitted chargesheet against
petitioner no. 1 & 2 only and rest petitioners were not sent up
for trial, however, differing with the same, the learned
Magistrate took cognizance against all the accused/petitioners.
Allegation of assault is general & omnibus. Injuries are simple
in nature. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged 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 J.M. 1st Class, Bettiah, West Champaran
in connection with Bairiya P.S. Case No. 184 of 2023, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Patna High Court CR. MISC. No.7221 of 2026(2) dt.19-02-2026
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Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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