Patna High Court
Sahil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 110, 115, 117, 126(2), 303(2), 3(5), 351(2), 352
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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