Patna High Court
Panalal sah @ Pannalal SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to petitioner 1, granted to petitioners 2‑4, and the application for petitioner 5 was withdrawn.
Summary
The petitioners filed an anticipatory bail application after a FIR alleged that they forcibly entered the informant’s house, assaulted him and his family, and stole valuables, invoking Sections 115(2), 126(2), 109, 303(2) and 352 of the B.N.S. Petitioners 1‑4 claimed innocence, citing a petty village dispute and clean antecedents, while the State and informant highlighted specific accusations, especially a grievous injury attributed to petitioner 1. The court allowed withdrawal of the application for petitioner 5, who had already been arrested. It rejected anticipatory bail for petitioner 1 on the basis of a specific charge and serious injury. Conversely, it granted anticipatory bail to petitioners 2, 3 and 4, noting the general nature of the allegations, minor injuries, and their clean records, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S. The application was consequently disposed.
Issues considered
- Whether anticipatory bail should be granted to petitioner 1 given the specific accusation and grievous injury.
- Whether anticipatory bail should be granted to petitioners 2‑4 in view of general accusations and clean antecedents.
- Whether the petition for anticipatory bail of petitioner 5 can be withdrawn after his arrest.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- assault
- bail conditions
- clean antecedents
- specific vs general accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84709 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- MALAHI District- East Champaran
======================================================
1. Panalal sah @ Pannalal Sah S/O Harendra sah Ressident of Village- Malahi
Pachrukhiya, P.S.-Malahi, District-East Champaran
2. Harendra Sah Son of Late Nathuni Sah Ressident of Village- Malahi
Pachrukhiya, P.S.-Malahi, District-East Champaran
3. Niraj Kumar Son of Hiralal Sah. Ressident of Village- Malahi Pachrukhiya,
P.S.-Malahi, District-East Champaran
4. Sandesh Kumar@Sandesh kr. Son of Ravindra Sah. Ressident of Village-
Malahi Pachrukhiya, P.S.-Malahi, District-East Champaran
5. Mahendra Sah Son of Late Nathuni Sah Ressident of Village- Malahi
Pachrukhiya, P.S.-Malahi, District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Prateek Tandon, Advocate
For the State : Mr. Amitesh Kumar, APP
For the Informant : Mr. Bimlesh Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 17-03-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on on behalf of the informant.
2. At the outset, learned counsel appearing on behalf
of the petitioners seeks permission to withdraw this anticipatory
bail application with regard to Petitioner No. 5, namely
Mahendra Sah, as during pendency of this case, Petitioner No. 5
has already been arrested and the same has become infructuous.
3. Permission, as prayed for, is accorded.
Patna High Court CR. MISC. No.84709 of 2025(6) dt.17-03-2026
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4. Accordingly, this anticipatory bail application with
regard to Petitioner No. 5 stands dismissed as withdrawn.
5. Petitioner Nos. 1, 2, 3 and 4 apprehend their arrest
in a case registered for the offence punishable under Sections
115(2), 126(2), 109, 303(2) and 352 of the B.N.S..
6. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
forcibly entered into house of informant and thereafter, abused
and assaulted informant and his family members. It is further
alleged that the accused persons also took away valuable
ornaments and cash.
7. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
co-villagers and due to petty dispute over drainage, simple
maar-peet took place between the parties. Allegation of assault
is general and omnibus and no specific accusation of overt act
has been alleged against these petitioners. Doctor has found the
injuries, allegedly caused by Petitioner Nos. 2, 3 and 4, simple
in nature. Rest of the allegations are ornamental in order to
make the case grave. Petitioners claim clean antecedents.
8. On the other hand, learned A.P.P. for the State and
Patna High Court CR. MISC. No.84709 of 2025(6) dt.17-03-2026
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learned counsel appearing on on behalf of the informant have
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. with specific accusation that they assaulted informant and
others. Doctor has found the injuries, caused by Petitioner No.
1, grievous in nature.
9. Considering the facts and circumstances of the
case, specific and direct nature of accusation and nature of
injuries allegedly caused by Petitioner No. 1, the prayer for
grant of anticipatory bail to Petitioner No. 1 is rejected.
10. So far as Petitioner Nos. 2, 3 and 4 are concerned,
considering the facts and circumstances of the case, general and
omnibus nature of accusation, nature of injuries allegedly
caused by these petitioners and clean antecedents of the
petitioners, the prayer for grant of anticipatory bail to Petitioner
Nos. 2, 3 and 4 is allowed.
11. Accordingly, in the event of arrest/surrender
within a period of eight weeks from today, let the above named
Petitioner Nos. 2, 3 and 4 be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned J.M. 1 st Class,
Motihari, East Champaran in connection with Malahi P.S. Case
Patna High Court CR. MISC. No.84709 of 2025(6) dt.17-03-2026
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No. 80 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
12. With the aforesaid directions, this application
stands disposed of.
(Prabhat Kumar Singh, J)
shashank/-
U T
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