Patna High Court
Manejar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioners are entitled to anticipatory bail, subject to the conditions prescribed under Section 482(2) of the Bihar Non-Compromise of Offences Act.
Summary
The petitioners, a group of individuals accused in a land dispute case, applied for anticipatory bail fearing arrest under multiple sections of the Bihar Non-Compromise of Offences Act. One petitioner, Harendra Sah, withdrew his application after being arrested, and the court dismissed his bail request as withdrawn. The remaining petitioners argued they have clean antecedents, the injuries alleged are simple, and they will cooperate with the investigation. The State opposed the bail, contending the seriousness of the offences. The court, after considering the submissions, ordered anticipatory bail for petitioners 1, 2 and 4‑11, subject to a bail bond of Rs.10,000 and two sureties, and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the accused under Sections 126(2), 115(2), 118(1), 109, 303(2), 324(4), 352, 351(2) and 3(5) of the Bihar Non-Compromise of Offences Act.
- Whether the nature of the alleged assaults and the alleged injuries justify denial of bail.
- Whether the petitioners are likely to abscond, tamper with evidence or influence witnesses.
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- bail conditions
- false implication
- assault
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76237 of 2025
Arising Out of PS. Case No.-259 Year-2025 Thana- BAIRIYA District- West Champaran
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1. Manejar Sah Son of Late Shivshankar Sah @ Late Seho Shankar Sah R/o
Village - Tadhvananpur Dihi, Ward no. 04, P.S. - Bairiya, Dist. - West
Champaran.
2. Ritish Kumar @ Gaurav Kumar Son of Manajer Sah R/o Village -
Tadhvananpur Dihi, Ward no. 04, P.S. - Bairiya, Dist. - West Champaran.
3. Harendra Sah @ Harindra Sah Son of Late Shivshankar Sah @ Late Seho
Shankar Sah R/o Village - Tadhvananpur Dihi, Ward no. 04, P.S. - Bairiya,
Dist. - West Champaran.
4. Vikash Kumar Son of Harendra Sah @ Harindra Sah R/o Village -
Tadhvananpur Dihi, Ward no. 04, P.S. - Bairiya, Dist. - West Champaran.
5. Lakshmina Devi @ Laxmina Devi Wife of Shivshankar Sah @ Late Sheo
Shankar Sah R/o Village - Tadhvananpur Dihi, Ward no. 04, P.S. - Bairiya,
Dist. - West Champaran.
6. Anjali Kumar @ Anjali Kumari D/o Harendra Sah @ Harindra Sah R/o
Village - Tadhvananpur Dihi, Ward no. 04, P.S. - Bairiya, Dist. - West
Champaran.
7. Indu Devi Wife of Harendra Sah @ Harindra Sah R/o Village -
Tadhvananpur Dihi, Ward no. 04, P.S. - Bairiya, Dist. - West Champaran.
8. Kamakshya Sah @ Amchchaya Sah Son of Late Bhikhari Sah R/o Village -
Hira Pakad, P.S. - Muffasil, Dist. - West Champaran.
9. Jitendra Sah Son of Kmchhya Sah @ Kamakshya Sah R/o Village - Hira
Pakad, P.S. - Muffasil, Dist. - West Champaran.
10. Rita Devi Wife of Gobari Sah R/o Village – Nanya (Noneya) Pandey Tola,
P.S. - Paharpur, Dist. - Motihari.
11. Gobari Sah Son of Late Jhagaru Sah @ Late Jhgadu Sah R/o Village –
Nanya (Noneya) Pandey Tola, P.S. - Paharpur, Dist. - Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
Patna High Court CR. MISC. No.76237 of 2025(2) dt.05-01-2026
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2. Learned counsel for the petitioners, at the outset,
seeks permission to withdraw the anticipatory bail application
with respect to petitioner no. 3, namely, Harendra Sah @
Harindra Sah who was arrested during pendency of the same.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application with
respect to petitioner no. 3 is dismissed as withdrawn.
5. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 303(2), 324(4), 352, 351(2) and 3(5) of the
BNS.
6. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioners no.
5, 6, 7 and 10 are women and the informant alleges that during
Panchayati with regard to dispute relating to land, accused
Manejar Sah (petitioner no. 1) assaulted him by farsa causing
injury on his hand thereafter Ritish Kumar (petitioner no. 2) and
Harendra Sah assaulted him by lathi and danda while Vikash
Kumar (petitioner no. 4) assaulted Anil Kumar, the son of the
informant by Bhala causing injury on right leg. Further, Jitendra
Sah (petitioner no. 9) assaulted Sunil Kumar by lathi on head
and left leg while Rita Devi (petitioner no. 10) and Gobari Sah
Patna High Court CR. MISC. No.76237 of 2025(2) dt.05-01-2026
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(petitioner no. 11) assaulted Nitesh Kumar by danda on leg and
chest while Indu Devi (petitioner no. 7) snatched chain of Sunil
Kumar.
7. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that the
informant alleges that with regard to a dispute relating to land
Panchayati was going on. It is next submitted that in the
Panchayati, an altercation took place in which both sides
assaulted each other. It is also submitted that the injury suffered
by the informant and Sunil Kumar has been opined to be simple
in nature and opinion with regard to the injury suffered by Anil
Kumar has been reserved but then the allegation of assaulting
Anil Kumar is against Vikash Kumar who is a young boy aged
about 21 years. It is submitted that even presuming what has
been alleged to be true without admitting then Vikash Kumar is
alleged to have assaulted Anil Kumar on leg which is not a vital
part of the body. It is further submitted that the blow was not
repeated and petitioners are not criminals. It is next submitted
that petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
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8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
9. Considering the submissions made by the learned
counsel for the petitioners no. 1, 2 and 4 to 11, let the petitioners
no. 1, 2 and 4 to 11, above-named, in the event of their arrest or
surrender before the learned trial court within a period of six
weeks from today, be released on anticipatory 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 the learned
trial court where the case is pending/Successor Court in
connection with Bairiya P.S. Case No. 259 of 2025, subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Satyavrat Verma, J)
Kundan/-
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