Patna High Court
Monu SaoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners sought anticipatory bail in a case alleging assault, attempted outrage of modesty, and theft under multiple sections of the Bhartiya Nyaya Sanhita, 2023. They claimed innocence, alleging the FIR was filed after a three‑day delay and stemmed from a prior land dispute between the parties, who are closely related. The prosecution’s FIR described a violent incident at the informant’s house on 7 January 2025. The court considered the lack of any reported injury, the familial relationship, and the alleged motive of a false case. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail to the petitioners, subject to bail bonds and sureties. The order directed that bail be released if the petitioners are arrested or surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite allegations of assault and related offences.
- Whether the prior land dispute, familial relationship, and alleged lack of injury justify granting bail.
- Whether the three‑day delay in lodging the FIR is a factor against bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126, 303(2), 3(5), 351(2), 352, 74, 76
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- assault
- attempted outrage of modesty
- theft
- land dispute
- false case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89191 of 2025
Arising Out of PS. Case No.-13 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
1. Monu Sao Son of Anil Sao Resident of Village - Kenardih, P.S.- Wazirganj,
District - Gaya.
2. Anil Sao Son of Arjun Sao Resident of Village - Kenardih, P.S.- Wazirganj,
District - Gaya.
3. Sonu Sao Son of Anil Sao Resident of Village - Kenardih, P.S.- Wazirganj,
District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 1. 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 Wazirganj Police Station Case No. 13 of 2025, dated
10.01.2025, disclosing offences punishable under
Sections 126/115(2)/303(2)/74/76/352/351(2)/3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 07.01.2025, at about 6 PM, the petitioners,
along with other co-accused persons, came to the house of
the informant and started assaulting the informant and his
Patna High Court CR. MISC. No.89191 of 2025(2) dt.15-01-2026
2/3
family members by lathi, danda and iron rod. When the
sister and aunt of the informant came to their rescue, the
petitioner no. 2 caught hold the hair of the sister of the
informant and tried to outrage her modesty. The
petitioners, along with others, also snatched cash Rs.
18,000/- and silver chain.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated
in this false case due to previous land dispute. He further
submits that both parties are closely related and there is
case and counter case between the parties. He further
submits that there is three days unexplained delay in
lodging the First Information Report. He further submits
that no person from the side of the informant has
sustained any injury, which would be evident from the
impugned order itself.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
both parties are closely related, there is previous land
dispute between the parties, case and counter case is also
there and none has sustained any injury, which would be
evident from the impugned order itself, I am inclined to
Patna High Court CR. MISC. No.89191 of 2025(2) dt.15-01-2026
3/3
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 a period
of four weeks from today, 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 Judicial Magistrate, 1st Class,
Gaya, in connection with Wazirganj Police Station Case
No. 13 of 2025, subject to the condition laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
Checking your session…