Patna High Court
Amit @ Amit SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 329(3), 3(5), 351(2), 352
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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