Patna High Court
Sunil SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, holding that the case does not fall under Section 109 of the BNS and that bail may be granted under Section 482(2) of the BNSS.
Summary
The petitioners, four members of the Sah family, applied for anticipatory bail fearing arrest in a case registered under several sections of the Bihar Negotiable Statutes (BNS) and the POCSO Act, based on allegations by an informant that they assaulted her family members. The petitioners contended that the allegations were false and that the antecedent case against them had been filed by the informant, not under the more serious Section 109 of the BNS. The State and the informant opposed the bail, but could not refute the petitioners' claim that the case was not instituted under Section 109 and that the assault allegations were vague. The court considered the submissions and, under Section 482(2) of the BNSS, ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the pending criminal case under the BNS and POCSO Act.
- Whether the allegations against the petitioners constitute a case under Section 109 of the BNS warranting denial of bail.
Legislation cited
Subjects
- anticipatory bail
- false implication
- assault
- POCSO
- BNS
- Section 109
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86166 of 2025
Arising Out of PS. Case No.-421 Year-2025 Thana- RAMNAGAR District- West Champaran
======================================================
1. Sunil Sah son of Bccha Sah Resident of Vill- Manguraha, P.S.- Ramnagar,
Dist- West Champaran
2. Nayan Sah son of Late Jhagru Sah Resident of Vill- Manguraha, P.S.-
Ramnagar, Dist- West Champaran
3. Bachcha Sah son of Late Jhagru Sah Resident of Vill- Manguraha, P.S.-
Ramnagar, Dist- West Champaran
4. Ishwari Sah Son of Nayan Sah Resident of Vill- Manguraha, P.S.-
Ramnagar, Dist- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Miss. X Daughter of Vijay Sah Resident of Vill- Manguraha, P.S.-
Ramnagar, Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
For the Informant : Mr. Suresh Prasad Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 323(4),
126(2), 115(2), 118(1), 352, 351(2) and 76 of the BNS read with
Sections 8 and 12 of the POCSO Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case, but then the said case
was also instituted from the side of the informant and the
informant alleges that in absence of her family members, Jay
Patna High Court CR. MISC. No.86166 of 2025(2) dt.20-01-2026
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Prakash entered her house and started acting inappropriately, on
alarm her sister came from outside and they tried to lock Jay
Prakash in the house, on which Jay Prakash raised an alarm,
when accused persons including the petitioners came and freed
Jay Prakash and abused her, further when her mother, father and
brother came, the accused assaulted them and Ishwari assaulted
her father by hand pipe causing injury on head.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant, it is next submitted that from side of the
petitioners Ramnagar P.S. Case No. 471 of 2025 and Ramnagar
P.S. Case No. 379 of 2025 have been instituted against the side
of the informant and others. It is next submitted that as far as
allegation of assault is alleged, the same is general and omnibus
in nature except that Ishwari is alleged to have assaulted the
father of the informant by hand pipe causing injury on head, but
then it is submitted that the case was not instituted under
Section 109 BNS rather was instituted under sections of the
BNS which carry punishment of seven years and less and Jay
Prakash is not a petitioner in the instant anticipatory bail
application.
5. Learned A.P.P. for the State as well as the learned
Patna High Court CR. MISC. No.86166 of 2025(2) dt.20-01-2026
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counsel appearing on behalf of the informant opposes the
anticipatory bail application of the petitioners, but then are not
in a position to rebut the submission of the learned counsel
appearing on behalf of the petitioners that the antecedent which
they carry was instituted from the side of the informant and the
case has not been instituted under Section 109 of BNS.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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
Ramnagar P.S. Case No. 421 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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