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Patna High Court

Ram Kant SahuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioners, a group of members of the Sahu family, sought anticipatory bail fearing arrest in a Biraul police case (No. 194 of 2025) that alleged they assaulted an informant, injured his family, and stole a gold mangalsutra during a land dispute. The prosecution charged them under Sections 126(2), 115(2), 74, 352, 3(5), 303(2) and 351(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.). The petitioners contended they were falsely implicated, have no prior criminal record, and were willing to cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the facts and submissions, granted anticipatory bail on the condition of a Rs.10,000 bond per petitioner with two sureties, subject to Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita in view of the alleged offences.
  • Whether the nature and seriousness of the offences under Sections 126(2), 115(2), 74, 352, 3(5), 303(2) and 351(2) preclude the grant of bail.
  • Whether the petitioners are likely to flee, tamper with evidence or influence witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nagrik Suraksha Sanhita
  • Section 482
  • land dispute
  • assault
  • theft
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79282 of 2025
                      Arising Out of PS. Case No.-194 Year-2025 Thana- BIRAUL District- Darbhanga
                 ======================================================
           1.     Ram Kant Sahu S/O Lakhan Sahu Resident of Village- Kahua, P.S.- Biraul,
                  District- Darbhanga
           2.    Tirphul Devi W/o Ram Kant Sahu. Resident of Village- Kahua, P.S.- Biraul,
                 District- Darbhanga
           3.    Saroj Sahu @ Saroj Kumar Sahu Son of Sikandar Sahu, Resident of Village-
                 Kahua, P.S.- Biraul, District- Darbhanga
           4.    Sikandar Sahu Son of Lakhan Sahu, Resident of Village- Kahua, P.S.-
                 Biraul, District- Darbhanga
           5.    Chandradev Kumar Sahu @ Chandradev Sahu Son of Ram Kant Sahu @
                 Rama Kant Sahu, Resident of Village- Kahua, P.S.- Biraul, District-
                 Darbhanga
           6.    Rita Devi D/o Sita Ram Sahu, Resident of Village- Kahua, P.S.- Biraul,
                 District- Darbhanga
           7.    Vishundev Sahu @ Vishnudev Sahu Son of Ram Kant Sahu, Resident of
                 Village- Kahua, P.S.- Biraul, District- Darbhanga
           8.    Chandan Devi W/o Ramdev Sahu, Resident of Village- Kahua, P.S.- Biraul,
                 District- Darbhanga
           9.    Ramdev Sahu Son of Lakhan Sahu, Resident of Village- Kahua, P.S.- Biraul,
                 District- Darbhanga
           10. Manoj Sahu @Manoj Kumar Sahu Son of Sita Ram Sahu, Resident of
               Village- Kahua, P.S.- Biraul, District- Darbhanga
           11. Rekha Devi W/o Sikandar Sahu, Resident of Village- Kahua, P.S.- Biraul,
               District- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :       Ms. (Dr.) Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   06-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection
Patna High Court CR. MISC. No.79282 of 2025(2) dt.06-01-2026
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          with Biraul P.S. Case No. 194 of 2025, instituted under Sections

          126(2), 115(2), 74, 352, 3(5), 303(2), 351(2) of the B.N.S.

                       3. As per the prosecution case, on the date of

          occurrence, petitioners armed with weapon came at the land of

          informant's brother and forcibly started making road after

          cutting the tree. On protest, all the petitioners started assaulting

          the informant. When family members of the informant came to

          save him, petitioners also assaulted them causing injuries.

          Petitioners Chandradev Sahu and Manoj Sahu snatched golden

          Mangalsutra worth Rs. 80,000/- from Bina Devi.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in this

          case. Due to land dispute, altercation took place between the

          parties in which both sides got injuries and there is case and

          counter case in this regard. The injuries on the injured are

          simple in nature. Petitioners have no criminal antecedents. They

          undertake to co-operate in the investigation and trial.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case and submission of learned counsel for the parties, in the

          event of arrest or surrender before the Court below within six
              Patna High Court CR. MISC. No.79282 of 2025(2) dt.06-01-2026
                                                          3/3




                        weeks from today, the petitioners be released on bail upon

                        furnishing bail bonds of Rs. 10,000/- (ten thousand) each with

                        two sureties of the like amount each to the satisfaction of

                        learned A.C.J.M. Ist, Biraul, Darbhanga in connection with

                        Biraul P.S. Case No. 194 of 2025, subject to the conditions laid

                        down in Section 482 (2) of the Bharatiya Nagrik Suraksha

                        Sanhita (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J.)
rakhi/-

U         T


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