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Patna High Court

Pappu SaoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail may be granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, Pappu Sao, his wife Pratima Devi and son Abhishek Kumar, sought anticipatory bail fearing arrest in a case (Makhdumpur P.S. Case No.580 of 2025) filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that a dispute over cow dung led the petitioners and co‑accused to assault the informant's husband, son and daughter, causing injuries. The petitioners contended they were falsely implicated, that the allegations were vague and general, and that the matter was a family dispute over retirement money. The State opposed the bail. After hearing both sides, the court granted anticipatory bail, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the allegations against the petitioners are specific enough to deny bail.
  • Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • family dispute
  • Section 482
  • criminal procedure
  • bail conditions
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80191 of 2025
                  Arising Out of PS. Case No.-580 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
           1.     Pappu Sao S/o Late Shiv Nandan Sao Resident of village - Kharka, P.S-
                  Makhdumpur, District – Jehanabad.
           2.    Pratima Devi W/o Pappu Sao Resident of village - Kharka, P.S-
                 Makhdumpur, District – Jehanabad.
           3.    Abhishek Kumar S/o Pappu Sao Resident of village - Kharka, P.S-
                 Makhdumpur, District – Jehanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vinay Mistry, Advocate.
                 For the Opposite Party/s :      Mr. Ram Sevak Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   06-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Makhdumpur P.S. Case No.580 of 2025 instituted under

                   Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 352,

                   351(2), 351(3) of the B.N.S., 2023.

                                3. As per the prosecution case, due to dispute over

                   keeping the cow dung, the petitioner alongwith other co-accused

                   persons armed with lathi and danda came and upon abusing

                   started assaulting the husband of the informant causing injury

                   on his head. It is alleged that co-accused Dhananjay Kumar
Patna High Court CR. MISC. No.80191 of 2025(2) dt.06-01-2026
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          assaulted by means of rod causing injury on the hand of

          husband of informant and co-accused Chandan Kumar has

          assaulted the son and daughter of the informant by means of rod

          causing injury to them on their head and hand respectively.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have been falsely implicated in this

          case. He further submits that there is no specific allegation

          against the petitioners of assault rather the same are general and

          omnibus in nature. Learned counsel submits that both the parties

          are family members and there is a dispute in the family with

          regard to retiremental money. He further submits that petitioners

          have got clean antecedent and they undertake to cooperate in the

          investigation and trial of the case.

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

          anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and submissions of learned counsel for the parties, in the event

          of arrest or surrender before the Court below within six weeks

          from today, the petitioners be released on bail upon furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount to each to the satisfaction of the

          learned Additional Chief Judicial Magistrate-I, Jehanabad in
              Patna High Court CR. MISC. No.80191 of 2025(2) dt.06-01-2026
                                                          3/3




                        connection with Makhdumpur P.S. Case No.580 of 2025,

                        subject to the conditions laid down in Section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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