Patna High Court
Bhola sahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 147, 149, 307, 323, 341, 354, 379, 504, 506
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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