Patna High Court
Dilip SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners, subject to bail bonds and sureties under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Dilip Sah, Jugeshwar Sah and Anand Kumar, feared arrest in connection with Kalyanpur Police Station Case No. 260 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023. They claimed innocence and argued that the present case was a retaliatory "counter‑blast" to an earlier FIR they had filed for molestation of a granddaughter against the informant's husband. The State opposed the petition for anticipatory bail, contending that the prosecution had a prima facie case of assault. The learned counsel for the petitioners contended that the allegations were false and that the petitioners were being targeted. After considering the submissions and the circumstances, the Court allowed the anticipatory bail application, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, subject to the conditions of Section 482(2) of the BNSS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners in view of the alleged offences under the BNSS?
- Whether the petitioners are likely to be arrested and whether the allegations constitute a false or retaliatory claim.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- false allegations
- counter FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72951 of 2025
Arising Out of PS. Case No.-260 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
1. Dilip Sah S/O Jugeshwar Sah @ Yugeshwar Sah R/O- Govindpur Khajuri,
P.S.- Kalyanpur, Samastipur, Bihar- 848101
2. Jugeshwar Sah @ Yugeshwar Sah S/O Late Suvi Sah R/O- Govindpur
Khajuri, P.S.- Kalyanpur, Samastipur, Bihar- 848101
3. Anand Kumar S/O Jugeshwar Sah @ Yugeshwar Sah R/O- Govindpur
Khajuri, P.S.- Kalyanpur, Samastipur, Bihar- 848101
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Kalyanpur P.S. Case No. 260 of 2025 registered for offences
under Sections 126(2), 115(2), 109, 329(3), 76, 303(2), 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the allegation against
the petitioners is of assault.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that earlier the petitioners had filed
Patna High Court CR. MISC. No.72951 of 2025(3) dt.21-01-2026
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an FIR for molestation of the granddaughter against the husband
of the informant and this case is the counter blast to the earlier
FIR filed by the petitioners.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Samastipur /concerned court below in
connection with Kalyanpur P.S. Case No. 260 of 2025 subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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