Patna High Court
Sarwan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioners subject to a bail bond and the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNS.
Summary
The petitioners, Sarwan Kumar and Pawan Kumar Das, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the BNS, alleging that they injured an informant and his sons during a land‑dispute but without intent to kill. They argued that the injuries were simple, the FIR was lodged 12 days after the incident, and the act was in self‑defence. The State opposed the bail. After considering the nature of the injuries, the delay in filing the FIR, and the petitioners’ claim of self‑defence, the Court directed that they be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNS, and ordered verification of any other criminal antecedents. The bail application was disposed with the grant of pre‑arrest bail.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving offences under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the BNS where the injuries are simple and the FIR was delayed.
- Whether the petitioners' claim of self‑defence arising from a land dispute justifies the grant of bail.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNS are satisfied.
Subjects
- pre‑arrest bail
- land dispute
- simple injuries
- delay in FIR
- Section 438 Cr.P.C.
- Section 482 BNS
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79346 of 2025
Arising Out of PS. Case No.-167 Year-2025 Thana- CHAPRA TOWN District- Saran
======================================================
1. Sarwan Kumar Son of Anant Das Resident of Village- Biohala Telpa, P.S.-
Chapra Town, District- Saran
2. Pawan Kumar Das Son of Anant Das Resident of Village- Biohala Telpa,
P.S.- Chapra Town, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanju Singh, Advocate.
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 04-05-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Town P.S. Case No. 167 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 109, 352,
351(2) and 3(5) of the BNS.
3. As per the allegation made in the F.I.R., all the
accused persons including the petitioners with an intention to
kill assaulted the informant and his sons causing injuries to
them.
4. Learned counsel appearing on behalf of the
petitioners submitted that the parties are co-villagers and there is
Patna High Court CR. MISC. No.79346 of 2025(4) dt.04-05-2026
2/3
land dispute between them. The petitioners in their self defence
might have caused some injury to the informant’s side without
intention. The injuries sustained by the victims are simple in
nature. There is delay of 12 days in lodging of the F.I.R.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the fact that the injuries sustained by the victims
are simple in nature, the petitioners, above named, are directed
to be released on pre-arrest bail, in the event of their arrest or
surrender before the Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned CJM, Saran, Chhapra in connection with
Town P.S. Case No. 167 of 2025, subject to the condition as laid
down under Section 438(2) Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
Patna High Court CR. MISC. No.79346 of 2025(4) dt.04-05-2026
3/3
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
Checking your session…