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Patna High Court

Sahil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, Sahil Kumar and Bijendra Singh, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting the informant's husband and son with lathi and farsa. They contended that the incident arose from a land dispute and was a mutual free fight, resulting only in simple injuries, and asserted a clean antecedent. The State and the informant opposed the bail application. The Court examined the nature of the allegations, the simplicity of injuries, the existence of a case and counter‑case, and the petitioners' clean record. Considering these factors, the Court granted anticipatory bail, directing that if arrested within eight weeks the petitioners be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the offences alleged under the Bharatiya Nyaya Sanhita
  • Whether the nature of the incident, injuries, and clean antecedent justify bail despite the seriousness of the charges

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • land dispute
  • clean antecedent
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85882 of 2025
                   Arising Out of PS. Case No.-134 Year-2025 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
           1.     Sahil Kumar S/O Bijendra Singh R/O Village and Post- Majhioan, P.S-
                  Charpokhari, Distt.- Bhojpur at Ara.
           2.    Bijendra Singh @ Birendra Singh S/O Late Satya Narayan Singh R/O
                 Village and Post- Majhiaon, P.S- Charpokhari, Distt.- Bhojpur at Ara.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Jai Narain Thakur, A.P.P.
                 For the Informant        :      Ms. Malti Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   17-01-2026                   Heard learned counsel for the petitioners, informant

                   and the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115, 117, 110,

                   352, 351(2), 303(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. These petitioners along with other F.I.R. named

                   accused persons are alleged to have assaulted husband and son

                   of the informant with lathi and farsa.

                                4. Learned counsel for the petitioners submits that on

                   account of land dispute, a free fight took place between the

                   parties in which both sides sustained injuries. Case and counter

                   case. Case lodged by the petitioners is earlier in point of time.
              Patna High Court CR. MISC. No.85882 of 2025(2) dt.17-01-2026
                                                          2/2




                        Allegation of assault is general and omnibus and injuries

                        sustained by the injured are simple in nature. Petitioners claim

                        clean antecedent.

                                     5. Learned A.P.P. for the State as well as learned

                        counsel for the informant vehemently opposed the bail

                        application.

                                     6. Considering the nature of accusation, injury, case

                        and counter case and clean antecedent, this anticipatory bail is

                        allowed and it is ordered that let the above named petitioners in

                        the event of their arrest/surrender before the court below within

                        a period of eight weeks from today, 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

                        Judicial Magistrate, 1st Class, Bhojpur at Ara in connection with

                        Charpokhari P. S. Case No. 134 of 2025, subject to condition as

                        laid down under Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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