Patna High Court
Daloo Sai @ Afshar AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners, subject to specified conditions.
Summary
The petitioners, six residents of Semra Kunria village, sought anticipatory bail fearing arrest in a case (Chakia P.S. Case No. 62 of 2025) filed under multiple sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.). The prosecution alleged that the petitioners, along with 40‑50 unknown persons, attacked an informant’s land, damaged a boundary wall, assaulted the informant and his son, and stole a golden chain, claiming the land belonged to a graveyard. The petitioners contended they were falsely implicated due to village politics and a land dispute, had no criminal record, and were willing to cooperate with the investigation. The State opposed the grant of anticipatory bail. After considering the submissions, the Court ordered that the petitioners be released on bail if arrested or surrendered within six weeks, subject to a bail bond of Rs.10,000 with two sureties each, under the conditions of Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the allegations against them.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 115(2), 119(2), 126(2), 303(2), 308(3), 324(5), 3(5), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- land dispute
- false implication
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81589 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
1. Daloo Sai @ Afshar Ali Son of Islam Sai Resident of Village- Semra Kunria,
P.S.- Chakia, District-East Champaran
2. Mansoor Sai @Md. Mansur Sai Son of- Nijamuddin Sai @ Nejam Sai
Resident of village- Semra Kunria, P.S.- Chakia, District-East Champaran
3. Seraj Sai Son of- Ejaj Sai @ Bhola Dewan Resident of village- Semra
Kunria, P.S.- Chakia, District-East Champaran
4. Merajul Sai Son of- Hanif Sai Resident of village- Semra Kunria, P.S.-
Chakia, District-East Champaran
5. Sarfuddin Dewan @ Sarfudin Alam Son of- Naem Sai Resident of village-
Semra, Ward No.-13, P.S.- Chakia, District-East Champaran
6. Wazeer Khan @ Wajir Khan Son of- Md.Kale Khan @ Kala Khan Resident
of village- Semra Kunria, P.S.-Chakia, District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravin Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Chakia P.S. Case No. 62 of 2025, instituted under Sections
126(2), 115(2), 303(2), 119(2), 308(3), 352, 351(3), 324(5), 3(5)
of the B.N.S.
3. As per the prosecution case, on the date of
occurrence petitioners along with F.I.R. named accused persons
Patna High Court CR. MISC. No.81589 of 2025(2) dt.08-01-2026
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and 40-50 unknown persons having armed with weapons came
at the land of the informant and damaged his boundary wall and
claimed that the said land belongs to graveyard. The accused
persons assaulted the informant and his son but any how they
could save themselves. Co-accused Mumtaz Khan snatched the
golden chain from the neck of son of informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case due to village politics and land dispute. Allegation against
the petitioners are general and omnibus. 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
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 C.J.M., East Champaran, Motihari in connection with
Chakia P.S. Case No. 62 of 2025, subject to the conditions laid
Patna High Court CR. MISC. No.81589 of 2025(2) dt.08-01-2026
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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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