Patna High Court
Ram Kant SahuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagrik Suraksha Sanhita — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
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
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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
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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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