Patna High Court
Jay Prakash SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 103, 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352, 482(2)
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
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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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