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Patna High Court

Brahmdeo Saw @ Badho SaoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted under Section 482(2) of the BNSS, notwithstanding the pending charges, provided the petitioners comply with the stipulated bond and conditions.

Summary

The petitioners, Badho and Pankaj, were charged under Sections 126(2), 115(2), 303(2), 191(2) and 110 of the BNS for allegedly assaulting an informant during a dispute over buffalo feeding. They contended that the informant had fabricated the complaint, that Badho had previously been acquitted in a related case and that Pankaj had a clean record. The petitioners sought anticipatory bail, arguing that the alleged injuries were not grievous and that the informant was himself an accused in a parallel case. 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 bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the BNSS for the offences alleged under the BNS.
  • Whether the allegations against the petitioners constitute false implication warranting denial of bail.
  • Whether the petitioners' antecedent records affect the grant of anticipatory bail.

Legislation cited

  • BNS — s. 110, 115(2), 126(2), 191(2), 303(2)
  • BNSS — s. 482(2)

Subjects

  • anticipatory bail
  • false implication
  • assault
  • IPC sections
  • Bihar
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87713 of 2025
                       Arising Out of PS. Case No.-95 Year-2025 Thana- KAJRA District- Lakhisarai
                 ======================================================
           1.     Brahmdeo Saw @ Badho Sao S/o Late Hajari Saw R/O- Khaira, P.S.- Kajra,
                  Distt- Lakhisarai
           2.    Pankaj Kumar @ Pankaj Sao S/o Nakat Sao R/O- Khaira, P.S.- Kajra, Distt-
                 Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jyoti Ranjan Jha
                 For the Opposite Party/s :        Mr. Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

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

                   115(2), 303(2), 191(2), 110 of BNS.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of one case but then he was

                   acquitted in the said case and petitioner no.2 is a person with

                   clean antecedent and the informant alleges that on 24.07.2025 a

                   fight ensued between two groups on dispute relating to feeding

                   of buffalo, accordingly informant intervened to settle the

                   dispute, when Pankaj and Badho assaulted him by rod causing
Patna High Court CR. MISC. No.87713 of 2025(2) dt.21-01-2026
                                            2/3




          injury on head, while other accused assaulted by lathi, danda

          and brick and snatched his chain.

                       4. Learned counsel submits that petitioners have been

          falsely implicated in the instant case by the informant. It is next

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that informant alleges that a fight had

          ensued in between two groups, on account of dispute relating to

          feeding of Buffalo which informant had no concern but then

          informant on his own intervened and was siding with another

          group, on account of which, in the occurrence, he also got

          assaulted. It is further submitted that petitioner no.1 Badho also

          suffered injury on head and from side of the petitioners Kajra

          P.S. Case No.94/2025 has been instituted against the informant

          and his side and the instant informant is also an accused in the

          said case. It is further submitted that no doubt it is alleged that

          petitioners assaulted the informant on head by rod but then the

          blow was not repeated and petitioners are not criminals and the

          injury has not been opined to be grievous or else would have

          been discussed in the order impugned.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned
             Patna High Court CR. MISC. No.87713 of 2025(2) dt.21-01-2026
                                                         3/3




                       counsel for the petitioners, the petitioners above-named, in the

                       event of their arrest or surrender before the learned Court below

                       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 learned trial court where the

                       case is pending/successor court in connection with Kajra P.S.

                       Case No.95/2025, subject to the conditions as laid down under

                       Section 482 (2) of the BNSS.




                                                 (Satyavrat Verma, J)
amit/-

U        T


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