Patna High Court
Kailash SahversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, a group of twelve individuals, sought anticipatory bail fearing arrest in connection with a criminal case (Madhubani Town PS Case No. 450 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and extortion. The prosecution alleged that the petitioners assaulted an informant and demanded money, while the petitioners claimed they were innocent and the dispute stemmed merely from a shop‑related issue. The court examined the FIR and the nature of the allegations, noting that the matter appeared to be a commercial dispute rather than a grave criminal offence. Applying its inherent powers under Section 482(2) of the BNSS, the court decided to grant anticipatory bail. The order directed that each petitioner be released on furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to conditions prescribed by the court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences of assault and extortion.
- Whether the FIR discloses a cognizable offence warranting denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 115, 126, 140, 3, 308, 324, 351, 352, 482
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- assault
- extortion
- shop dispute
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88716 of 2025
Arising Out of PS. Case No.-450 Year-2025 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
1. Kailash Sah Son of Late Raghunath Sah Resident of Gang Sagar Chowk,
Ward No.15, P.S.- Town, District- Madhubani
2. Ajeet Sah @ Aditya Narayan Gupta Son of Sri Kailash Sah Resident of
Gang Sagar Chowk, Ward No.15, P.S.- Town, District- Madhubani
3. Suraj Sah @ Suraj Kumar Gupta Son of Sri Kailash Sah Resident of Gang
Sagar Chowk, Ward No.15, P.S.- Town, District- Madhubani
4. Manoj Sah @ Manoj Kumar Gupta Son of Sri Kailash Sah Resident of Gang
Sagar Chowk, Ward No.15, P.S.- Town, District- Madhubani
5. Sanjay Sah @ Sanjay Kumar Gupta Son of Sri Kailash Sah Resident of
Gang Sagar Chowk, Ward No.15, P.S.- Town, District- Madhubani
6. Dhiru Jha @ Dhirendra Narayan Jha Son of Late Uma Kant Jha Resident of
Gaushala Mohalla, P.S.- Town, District- Madhubani,
7. Arjun Mandal @ Arjun Kumar Mandal Son of Surendra Mandal Resident of
Purani Private Bus Stand, P.S.- Town, District- Madhubani
8. Kishan Ram @ Kishan Kumar Son of Binod Ram Resident of Purani Private
Bus Stand, P.S.- Town, District- Madhubani
9. Vivek Ram @ Vivek Kumar Son of Binod Ram Resident of Purani Private
Bus Stand, P.S.- Town, District- Madhubani
10. Abhishek Ram @ Abhishek Kumar Son of Binod Ram Resident of Purani
Private Bus Stand, P.S.- Town, District- Madhubani
11. Ganesh Ram @ Ganesh Kumar Ram Son of Shankar Ram Resident of
Purani Private Bus Stand, P.S.- Town, District- Madhubani
12. Liyakat Khan @ Md. Liyakat Ali Son of Md. Ali Resident of Manihar Tola,
Bhouwara, P.S. Town, District Madhubani
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajar Kumar Thakur, Advocate
Mrs. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan
Mr. Alok Kumar Jha
Mr. Akash Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioners, learned
Patna High Court CR. MISC. No.88716 of 2025(2) dt.15-01-2026
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APP for the State and the learned counsel for the informant.
2. The petitioners apprehend arrest in connection with
Madhubani Town P.S. Case No. 450 of 2025 registered for
offences under Sections 324(2), 352, 351(2), 126(2), 115(2),
140(2), 111, 3(5) and 308(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner is said to
have assaulted the informant and demanded extortion.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have not committed any
offence.
5. Learned APP for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
6. From the reading of the FIR, it appears to be a
dispute of running a shop.
7. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail is allowed.
8. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on 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
Patna High Court CR. MISC. No.88716 of 2025(2) dt.15-01-2026
3/3
Chief Judicial Magistrate, Madhubani/concerned court below in
connection with Madhubani Town P.S. Case No. 450 of 2025
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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