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Patna High Court

Amit @ Amit SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Amit and Shambhu, were accused of assaulting an informant and her sons in a land‑dispute related incident, leading to a FIR filed under multiple sections of the Bharatiya Nyaya Sanhita. They applied for bail, contending that they were innocent, that the FIR was lodged after an unjustified four‑day delay, and that they had no prior criminal record. The State opposed the bail, arguing that the offences were serious and that the petitioners might interfere with the investigation. The court examined the nature of the injuries, the delay in filing the FIR, the petitioners’ cooperation, and the absence of any criminal antecedent. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court held that bail could be granted subject to strict conditions. Consequently, the petitioners were released on bail upon furnishing a bond of Rs 10,000 with two sureties each, to be surrendered within six weeks if arrested.

Issues considered

  • Whether bail should be granted to the accused under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the seriousness of the charges.
  • Whether the delay in lodging the FIR and the alleged land‑dispute motive justify bail.
  • Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • land dispute
  • FIR delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78417 of 2025
                        Arising Out of PS. Case No.-240 Year-2025 Thana- AANDAR District- Siwan
                 ======================================================
           1.     Amit @ Amit Sah S/o Sri Doma Sah Resident of Village - Pakwaliya, P.S -
                  Ander, District - Siwan
           2.    Shambhu Sah S/o Sri Doma Sah Resident of Village - Pakwaliya, P.S -
                 Ander, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-01-2026                        Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 329(3), 126(2), 115(2), 118(1), 109,

                   352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, all the accused persons

                   including the petitioners abused and assaulted the informant and

                   her sons due to which they sustained injuries.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in the

                   present case due to land dispute. Further submission is that the

                   F.I.R. has been lodged after a delay of four days without any
            Patna High Court CR. MISC. No.78417 of 2025(2) dt.05-01-2026
                                                        2/2




                      plausible reason. There is case and counter case between the

                      parties. The nature of the injury to the injured is simple.

                      Petitioners have no criminal antecedent. They undertake to

                      cooperate in the investigation and trial.

                                      5. Learned A.P.P. appearing on behalf of the State

                      opposed the bail application.

                                      6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the parties,

                      let the above named petitioners be released on bail, in the event

                      of arrest or surrender before the learned court below within a

                      period of six weeks from today, 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 Judicial

                      Magistrate-I, Siwan in connection with Ander P.S. Case No. 240

                      of 2025, subject to the conditions as laid down under Section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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