Patna High Court
Mukesh Sah @ Mukesh Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that anticipatory bail should be granted to the petitioners.
Summary
Mukesh Sah and Upendra Sah, co‑villagers, were accused in a police case for offences including robbery, assault with a deadly weapon and causing grievous injury under the Bharatiya Nagarik Suraksha Sanhita, 2023. The allegation arose from a dispute on Holi when the informant’s father, returning with Rs.10,000, was stopped by petitioner No.1, who allegedly demanded Rs.5,000 and then snatched the full amount, later assaulting the father with an iron rod. The petitioners filed an anticipatory bail application, contending that the scuffle was a minor incident between neighbours and that the injury was not described as grievous, and that a counter‑case had also been lodged against the informant. The court considered the co‑villager relationship, the existence of a counter‑case, and the nature of the injury, and found no justification to deny bail. Consequently, the court granted anticipatory bail, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, subject to Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged robbery, assault and causing injury under the B.N.S., 2023.
- Whether the nature of the injury sustained by the informant’s father qualifies as grievous, affecting bail considerations.
- Whether the existence of a counter‑case and the co‑villager relationship mitigate the seriousness of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 110, 115(2), 126(2), 303(2), 308(3), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- robbery
- assault
- injury
- co‑villagers
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88768 of 2025
Arising Out of PS. Case No.-118 Year-2025 Thana- RAJAON District- Banka
======================================================
1. Mukesh Sah @ Mukesh Kumar Sah S/o Late Digambar Pd. Sah Resident of
Village - Kotwali, Police Station - Nawada Bazar O.P, District - Banka
2. Upendra Sah S/o Late Mandal Sah Resident of Village - Kotwali, Police
Station - Nawada Bazar O.P, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Rajoun (Nawada Bazar) Police Station Case No.
118 of 2025, disclosing offences under Sections 126(2), 115(2),
76, 308(3), 303(2), 110, 352 and 351(2) of B.N.S., 2023.
3. The prosecution case, as per the First Information
Report, is that on 13.03.2025, at about 11:30 PM, the
informant’s brother received a call from Mahindra Finance
Company and the caller told him to come near the Kotwali
crossroads to pay the installment. The father of the informant
went near the Kotwali crossroads with Rs. 10,000/-, however,
Patna High Court CR. MISC. No.88768 of 2025(2) dt.15-01-2026
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the financier was not met and when informant’s father was
returning back with money and reached near the house of the
petitioners, the petitioner no. 1 stopped him and started
demanding Rs. 5,000/- as expenses for Holi. When protested, he
snatched Rs. 10,000/- from the pocket of the informant’s father.
It has further been alleged that all the family members of the
petitioners, arrived and started demanding rangdari and
assaulted the informant’s family. It has further been alleged that
petitioner no. 1 assaulted the father of the informant with iron-
rod, due to which he sustained injury.
4. Learned Counsel for the petitioners submits that
both the parties are co-villagers and the minor scuffle took place
between them during the Holi festival. A counter case has been
lodged by the side of the petitioners bearing Rajoun P.S. Case
No. 119 of 2025 against the informant and others. Learned
counsel further submits that though in the impugned order, it has
been mentioned that informant’s father had sustained injury on
the vital part of the body but the nature of injury has not been
described as grievous.
5. Having regard to the submissions made by the
parties and taking into consideration the fact that both the
parties are co-villagers, case and counter case is there, the injury
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has not been described as grievous in nature, I am inclined to
grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Banka, in connection with Rajoun (Nawada Bazar)
Police Station Case No. 118 of 2025, subject to the condition
laid down under Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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