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Patna High Court

Bhola sahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to pre‑arrest bail under Section 438(2) of the CrPC, subject to a bond and sureties.

Summary

The petitioner, Bhola Sah, was implicated in a violent incident arising from a land dispute, alleged to have beaten an informant with an iron rod. He faces multiple IPC charges including sections 147, 149, 341, 323, 307, 354, 379, 504 and 506. The petitioner sought pre‑arrest bail, contending a clean antecedent and noting that co‑accused in the same case had already been granted bail by a coordinate bench. The State opposed the bail on grounds of the seriousness of the offences. The High Court, after considering the facts and the earlier bail order, granted bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 438(2) of the CrPC. The order directs surrender within eight weeks and the petition is disposed in favour of the petitioner.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail under Section 438(2) of the CrPC despite the gravity of the offences alleged under the IPC.
  • Whether the prior grant of bail to co‑accused influences the bail decision for the petitioner.

Legislation cited

Subjects

  • bail
  • pre‑arrest bail
  • Section 438 CrPC
  • IPC offences
  • land dispute
  • Patna High Court
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75639 of 2025
                 Arising Out of PS. Case No.-280 Year-2023 Thana- KALYANPUR District- East Champaran
                 ======================================================
                 Bhola sah Son of Late Pancho Sah Resident of Village- Dharampur Tola
                 Belwa, Ward No.-1, P.S.-Kalyanpur, District - East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhurendra Kumar , Advocate
                 For the Opposite Party/s :      Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present petition has been filed on behalf of the

                   petitioner, apprehending his arrest, in connection with

                   Kalyanpur PS. Case No.-280 of 2023, dated 11.08.2023

                   registered for the offences punishable under Sections 147, 149,

                   341, 323, 307, 354, 379, 504, 506 of the Indian Penal Code.

                                3. As per allegation, informant was beaten by this

                   petitioner along with other co-accused persons by means of iron

                   rod.

                                4. It is submitted on behalf of the petitioner that

                   parties are agnate and there is land dispute. Case and counter

                   case. Doctor has found simple injury. Petitioner claims clean

                   antecedent. Co-accused, with similar allegation, have already
            Patna High Court CR. MISC. No.75639 of 2025(2) dt.05-02-2026
                                                        2/2




                      been allowed pre-arrest bail by a co-ordinate bench of this Court

                      vide order passed in Cr.Mis.No. 35472/2025.

                                   5. Learned counsel for the State opposed the bail.

                                   6. Considering the aforesaid facts of the case, prayer

                      for bail of all the petitioner is allowed. In the event of

                      arrest/surrender within eight weeks from today, let these

                      petitioner, mentioned above, be enlarged on bail on furnishing

                      bail bond of Rs.10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of the District and

                      Additional Sessions Judge10, Motihari, East Champaran in

                      Kalyanpur Police Station Case No. 280 of 2023, subject to the

                      conditions laid down under section 438(2) of the Code of

                      Criminal Procedure.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U


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