Patna High Court

Suresh SahversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) of the Criminal Procedure Code.

Summary

The petitioner, Suresh Sah, sought anticipatory bail in a case where he was charged under several IPC sections for alleged assault and related offences. He contended that he has a clean record and that the FIR was lodged 12 days after the alleged incident without a satisfactory explanation, suggesting false implication by the informant. The State opposed the bail application. The court considered the petitioner's clean antecedent, the delay in filing the FIR, and the possibility of misuse of the process. It granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, and imposed conditions under Section 438(2) of the Cr.P.C. The order directs compliance with the trial court's directions if the petitioner is arrested or surrenders within six weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the nature of the offences and the circumstances of the FIR filing
Whether the delay in lodging the FIR and the petitioner's clean antecedent warrant bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 308, 323, 34, 341, 354, 504, 506

Subjects

anticipatory bail
Section 438
Criminal Procedure Code
Indian Penal Code
false implication
delay in FIR
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81477 of 2025
                      Arising Out of PS. Case No.-210 Year-2024 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Suresh Sah S/o Ramchandra Sah Resident of village- Mahnawa Bazar (Belwa
                 Tiwari tola), P.S-Turkauliya, District- East Champaran
                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 341, 323, 308, 354,

                   504, 506 and 34 of the Indian Penal Code.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that accused persons including the petitioner on 27.03.2024

                   at 02:00 p.m. came to her house and started abusing, on objection,

                   Ram Chandra Sah ordered to kill. Thereafter, Rupesh Sah

                   assaulted her and dashed her on the ground and petitioner

                   assaulted Bhim Sah with farsa causing injury on head, who

                   intervened to save her and also assaulted Antima Devi by bamboo

                   causing fracture of left hand finger.

                                 4. Learned counsel for the petitioner submits that
               Patna High Court CR. MISC. No.81477 of 2025(2) dt.12-01-2026
                                                           2/2




                         petitioner has been falsely implicated in the instant case by the

                         informant. It is next submitted that from perusal of the FIR, it

                         would manifest that the date of occurrence is 27.03.2024 and the

                         FIR came to be instituted on 07.04.2024, i.e., after a delay of 12

                         days without any plausible explanation of delay which casts an

                         aspersion on the case of the prosecution.

                                       5. Learned APP for the State opposes the anticipatory

                         bail application.

                                       6. Considering the submissions made by the learned

                         counsel for the petitioner and taking into consideration the fact

                         that petitioner is a person with clean antecedent, let petitioner,

                         above-named, in the event of his arrest or surrender before the

                         learned trial court within a period of six weeks from today, be

                         released on anticipatory bail on furnishing bail bond of

                         Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of the learned trial court where the

                         case is pending/Successor Court in connection with Turkauliya

                         P.S. Case No.210 of 2024, subject to the conditions as laid down

                         under Section 438(2) of the Cr.P.C.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T

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