Patna High Court
Bhikhar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail should be granted, subject to conditions, exercising its inherent powers under Section 482(2) of the BNSS.
Summary
The petitioner, Bhikhar Das, a 70‑year‑old man with a clean record, was implicated in an assault case arising from a Holi program on 14‑03‑2025, alleged under Sections 126(2), 115(2), 110 and 3(5) of the Bharatiya Nyaya Sanhita. He contended that the FIR, filed on 16‑03‑2025, was based on a false informant’s claim and that his hospitalization at the time would have produced a contemporaneous medical record, which is absent. The petitioner sought anticipatory bail, arguing that the allegations were omnibus, he was falsely implicated, and he posed no flight risk. The State opposed the bail on the ground of the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, to be executed within six weeks, invoking the inherent powers under Section 482(2) of the BNSS. The order was pronounced by Justice Satyavrat Verma of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the inherent powers of the court in view of the alleged false implication and his clean antecedent.
- Whether the allegations under Sections 126(2), 115(2), 110 and 3(5) of the Bharatiya Nyaya Sanhita warrant denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 126(2), 3(5), 482(2)
Subjects
- anticipatory bail
- false implication
- assault
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86103 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- KARPI District- Arwal
======================================================
Bhikhar Das Son of Late Karu Das Resident of Village - Makhmilpur, P.S.-
Karpi, District - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anunay Shahi
For the Opposite Party/s : Mr.Anil Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 126(2), 115(2), 110 and
3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant alleges
that on 14-3-2025 at 8:45 pm, a holi milan programme was organised
in which singers were singing, further the accused persons including
the petitioner tried to stop the programme, on which villagers
confronted, further Satyendar along with accused persons including
the petitioner assaulted causing injury on head and he became
unconscious and was taken to hospital.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.86103 of 2025(2) dt.15-01-2026
2/2
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that the date of occurrence is 14-3-
2025 and the FIR came to be instituted on 16-3-2025 based on a
written application of the informant. It is further submitted that had
the petitioner been admitted in a hospital in that event his fardbayan
would have been recorded at the hospital. It is also submitted that
petitioner is aged about 70 years and has remained a person with
clean antecedent, but then he came to be implicated in the instant
case with general and omnibus allegation of assault.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event of
his arrest or surrender before the learned trial court within a period of
six weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with Karpi
P.S. Case No. 57 of 2025, subject to the conditions as laid down
under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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