Patna High Court
Shivshankar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Shivshankar Sah and Mukesh Sah applied for anticipatory bail fearing arrest in a case (PS No.32 of 2025) alleging assault on their brother during a family dispute over property. The prosecution alleged that the petitioners beat the informant, breaking his hands and injuring his head. The petitioners contended they were innocent, falsely implicated, and that the FIR contained only vague, omnibus allegations without specific acts. The court observed that the FIR lacked specific charges against the petitioners and noted the familial nature of the dispute. Consequently, the court granted anticipatory bail to both petitioners, subject to a bail bond, sureties, cooperation with investigation, and verification of any criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted when the FIR contains only general, non‑specific allegations.
- Whether the petitioners can be detained pending investigation under the cited sections of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- criminal procedure
- FIR
- family dispute
- assault
- property dispute
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87416 of 2025
Arising Out of PS. Case No.-32 Year-2025 Thana- MOHANPUR District- Jamui
======================================================
1. Shivshankar Sah S/o Nunulal Sah R/o Village - Mangrar, Tola Tetariya,P.S -
Mohanpur, District - Jamui
2. Mukesh Sah S/o Late Nunulal Sah R/o Village - Mangrar, Tola Tetariya,P.S -
Mohanpur, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Adv
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Mohanpur P.S. Case No. 32 of 2025, registered for the
offence punishable under Sections 126(2), 115(2), 117(2), 352,
351, 109, 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that on
26.03.2025, at approximately 5:30 p.m., when certain quarrel
took place between the family members of the informant and the
petitioners during the partition of household goods after the
death of the informant's mother about 15 days earlier. It is
further alleged that during this quarrel, when the informant
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objected, the petitioners along with others started beating him
with sticks and rods. While beating him, they broke his both
hands and also injured his head. Observing the serious condition
of the informant, his wife took him to the nearby hospital in
Laxmipur, where the doctor, seeing the severity, referred him to
Jamui Sadar Hospital.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. They
have falsely been implicated in the present case due to family
dispute. There is no specific allegation attributing any particular
overt act to the petitioners. He further submits that the
petitioners have one criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. From the reading of the FIR, it transpires that the
allegations levelled against the petitioners are of general and
omnibus in nature. No specific allegation of assault has been
levelled against the petitioners. It is also pertinent to note that
the informant and these two petitioners are own brothers and
dispute seems to have been occurred on account of distribution
of property pursuant to death of their mother. Under these
circumstances, this Court is inclined to grant privilege of
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anticipatory bail to the petitioners.
7. Let the petitioners, named above, in the event of
their arrest or surrender before the Court below within four
weeks from today, be released 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 the learned Chief Judicial
Magistrate, Jamui in connection with Mohanpur P.S. Case No.
32 of 2025, subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
subject to the further condition that:-
(i) the petitioners shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioners and in case it is found that
the petitioners have concealed their criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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