Patna High Court
Achhelal BaithaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that, given the simple injuries, the petitioners’ clean antecedent and the counter‑case, bail could be granted under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, a group of relatives from Bada Pakahi, sought bail fearing arrest in connection with PS Case No. 166 of 2025, which alleged offences under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita (BNS). The incident involved the petitioners attacking an informant and his mother and nephew with weapons, causing injuries that were described as simple. The petitioners argued that the matter stemmed from a land dispute, that a counter‑case (Case No. 167 of 2025) existed, and that the FIR was filed four days after the alleged occurrence, suggesting possible exaggeration. The State opposed bail, contending that the petitioners had actively participated in a brutal assault. Considering the simple nature of the injuries, the petitioners’ clean antecedent and the counter‑case, the court granted bail subject to a bond of Rs 10,000 per petitioner, two sureties, and the condition that one bailor be a close family member, under Section 482(2) of the BNS.
Issues considered
- Whether bail should be granted to the petitioners accused of offences under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the BNS.
- Whether the simple nature of the injuries and the petitioners’ fair antecedent justify bail.
- Whether the delay in filing the FIR and the existence of a counter‑case affect the grant of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- land dispute
- assault
- simple injury
- antecedent
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84194 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- LAKHAURA District- East Champaran
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1. Achhelal Baitha Son of Late Satya Narayan Baitha R/o Village - Bada
Pakahi, P.S. - Lakhaura, Distt. - East Champaran.
2. Brahmdeo Baitha Son of Late Satya Narayan Baitha R/o Village - Bada
Pakahi, P.S. - Lakhaura, Distt. - East Champaran.
3. Panna Devi Wife of Achhelal Baitha R/o Village - Bada Pakahi, P.S. -
Lakhaura, Distt. - East Champaran.
4. Prabhawati Devi Wife of Brahmdeo Baitha R/o Village - Bada Pakahi, P.S. -
Lakhaura, Distt. - East Champaran.
5. Ramawati Devi Wife of Ramesh Baitha R/o Village - Bada Pakahi, P.S. -
Lakhaura, Distt. - East Champaran.
6. Geeta Kumari @ Geeta Bedi D/o Achhelal Baitha R/o Village - Bada
Pakahi, P.S. - Lakhaura, Distt. - East Champaran.
7. Raj Kumar Baitha @ Raj Kumar Son of Brahmdeo Baitha R/o Village -
Bada Pakahi, P.S. - Lakhaura, Distt. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar
For the Opposite Party/s : Ms.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 07-01-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Lakhaura P.S. Case No. 166 of 2025, registered
for the offences punishable under Sections 126(2),
115(2),109(1), 352, 351(2), 3(5) of the BNS.
3. On the fateful day, while the informant was going
to his land for putting seeds in the field, in the meanwhile, the
Patna High Court CR. MISC. No.84194 of 2025(2) dt.07-01-2026
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petitioners along with others, armed with various weapons,
surrounded him and started assaulting. When the mother and
nephew of the informant came to his rescue, they were brutally
assaulted by the petitioners along with others due to which they
sustained serious injuries.
4.Learned Advocate for the petitioners submitted that
besides the land dispute between the parties, there is a counter
version of the present case being Lakhaura P.S. Case No. 167 of
2025. Moreover, the alleged occurrence took place on
31.05.2025 but the present FIR came to be instituted on
04.06.2025 and, as such, the exaggeration of the matter cannot
be ruled out. So far the injuries, which are allegedly sustained
to the informant and others, the same have been found to be
simple in nature. With respect to the said submission, specific
averment has been made in paragraph-8 of the bail application.
It is lastly submitted that the petitioners bear fair antecedent and
they undertake that they will fully cooperate in the proceeding
of the court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
petitioners have actively participated in the crime and brutally
assaulted the informant and others.
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6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the genesis of the occurrence, coupled with the factum of
case and counter case, besides the simple nature of injury as has
been disclosed in para-8 and the fair antecedent, let the
petitioners abovenamed be released on bail, in the event of their
arrest or surrender before the court below within a period of four
weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Motihari, East
Champaran in connection with Lakhaura P.S. Case No. 166 of
2025, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further
condition that one of the bailors shall be the own/close family
members of the petitioners.
(Harish Kumar, J)
Anjani/-
U T
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