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Patna High Court

Jay Prakash SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petitioners' prayer for anticipatory bail.

Summary

The petitioners, Jay Prakash Sah and Rahul Sah, sought anticipatory bail fearing arrest in a case under multiple sections of the Bharatiya Nyaya Sanhita, including assault and related offences. The prosecution, based on an informant's claim, alleged that the petitioners, armed with lathi and danda, assaulted the informant and his family on 12 April 2024. The petitioners contended they were innocent, asserting the incident was a petty dispute between Gotiyas with mutual injuries and that the allegations were vague and omnibus, lacking specific overt acts. They highlighted their clean antecedents and pointed to a similar case where co‑accused were granted anticipatory bail. The State opposed the bail, but the court, considering the general nature of the accusation and the petitioners' clean record, granted anticipatory bail subject to a bond and conditions under Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted in a case with general and omnibus allegations under the Bharatiya Nyaya Sanhita.
  • Whether the petitioners' clean antecedents and the precedent of similar co‑accused receiving anticipatory bail justify granting bail.
  • Whether conditions under Section 482(2) of the B.N.S. are applicable to the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • assault
  • clean antecedents
  • general allegation
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.86092 of 2025
                       Arising Out of PS. Case No.-190 Year-2025 Thana- MASHRAK District- Saran
                 ======================================================
           1.     Jay Prakash Sah son of Krishna Sah Resident of Vill- Mashrakh, Ps-
                  Mashrakh, Dist- Saran
           2.    Rahul Sah @ Rahul Kumar son of Jitendra Sah Resident of Vill- Mashrakh,
                 Ps- Mashrakh, Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhijeet Gautam, Advocate
                 For the Opposite Party/s :       Md. Shakir Ahmad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 118(1), 109(1), 352, 351(2), 351(3) and 3(5) of the

                   Bharatiya Nyaya Sanhita to which Section 103 BNS was added

                   later on.

                                3. As per prosecution case, informant, namely Mishri

                   Sahni, alleged that on 12.04.2024 at about 8 PM, all the F.I.R.

                   named accused persons, including these petitioners, armed with

                   lathi and danda, came and started abusing the informant and on

                   objection, all of them assaulted the informant. It is further
Patna High Court CR. MISC. No.86092 of 2025(2) dt.09-02-2026
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          alleged that when the family members of the informant came to

          save him, they were also assaulted.

                       4. 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

          Gotiyas and on account of petty dispute, simple maar-peet took

          place in which both sides inflicted injuries on each other. Case

          and counter-case. Allegation of assault is general and omnibus

          and no accusation of any specific overt act has been alleged

          against these petitioners. It is further submitted that similarly

          situated co-accused persons have already been granted

          anticipatory bail by this Court vide order dated 12.11.2025

          passed in Cr. Misc. No. 67046 of 2025. Petitioners claim clean

          antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and

          counter-case and clean antecedents of the petitioners, the prayer

          for grant of anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within
              Patna High Court CR. MISC. No.86092 of 2025(2) dt.09-02-2026
                                                          3/3




                        a period of eight weeks from today, let the above named

                        petitioners 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 Additional Chief

                        Judicial Magistrate-VII, Saran at Chapra in connection with

                        Masrakh P.S. Case No. 190 of 2025, subject to condition as laid

                        down under Section 482(2) of the B.N.S.S.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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