Patna High Court
Rajan Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to a bond of Rs.10,000 with two sureties each and surrender within eight weeks.
Summary
Petitioners Rajan Kumar Sah and Mira Devi sought anticipatory bail fearing arrest in a case registered under several offences of the Bhartiya Nyaya Sanhita, including assault and causing injury. The FIR alleged that petitioner No.1 inflicted a kulhari blow on Zubaida Khatoon causing a simple head injury, while petitioner No.2 faced a general assault allegation. The State opposed the bail, but the court considered the nature of the injury to be minor and the petitioners' clean antecedent. Relying on Section 482 of the B.N.S.S., the court granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties each and a condition of surrender within eight weeks. The order directs compliance with the Chief Judicial Magistrate of Gopalganj.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482 of the Bhartiya Nyaya Sanhita in a case involving assault and minor injury?
- Whether the petitioners' clean antecedent and the nature of the alleged injury justify bail?
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351, 351(2), 482
Subjects
- anticipatory bail
- assault
- injury
- clean antecedent
- Bhartiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7976 of 2026
Arising Out of PS. Case No.-389 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
1. Rajan Kumar Sah S/o Radheshyam Sah R/o Village- Phulwariya, P.S-
Manjhgadh, Dist- Gopalganj.
2. Mira Devi W/o Radheshayam Sah R/o Village- Phulwariya, P.S- Manjhgadh,
Dist- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 118(1),
109(1), 351, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., petitioner no. 1 is alleged to have
inflicted Kulhari blow to one Zubaida Khatoon, causing injury
on her head. So far as petitioner no. 2 is concerned, allegation of
assault is general & omnibus. Injury, caused by petitioner no. 1,
is simple in nature. Petitioners claim clean antecedent.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
Patna High Court CR. MISC. No.7976 of 2026(2) dt.20-02-2026
2/2
5. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
eight weeks from today, let the above named petitioners be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Gopalganj in
connection with Manjhagadh P.S. Case No. 389 of 2025, subject
to condition as laid down under Section 482 of the B.N.S.S.,
2023.
(Prabhat Kumar Singh, J)
anay
U T
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