Patna High Court
Arun Sah @ Arun Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under the conditions of Sections 438(2) Cr.P.C. and 482(2) BNSS.
Summary
The petitioner, Arun Sah, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault arising from a minor scuffle over a motorcycle parking issue. The FIR alleged that the accused, including the petitioner, assaulted the informant causing simple injuries, and the petitioner argued that the allegations were general, omnibus, and the injuries were minor. The petitioner also contended that Section 109 of the BNSS was not applicable to the facts. The State opposed the bail on the basis of the FIR allegations. Considering the petitioner’s clean record, the minor nature of injuries, and the general nature of the allegations, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the BNSS provisions.
- Whether the alleged offences, particularly under Section 109 BNSS, are attracted by the facts.
- Whether the general and omnibus nature of the allegations and simple injuries justify bail.
- Whether conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS can be imposed.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117(2), 127(2), 191(2), 191(3), 303(2), 351(2), 352, 482(2), 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- BNSS
- assault
- minor injuries
- general allegations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90177 of 2025
Arising Out of PS. Case No.-106 Year-2025 Thana- BADHAILA District- Rohtas
======================================================
Arun Sah @ Arun Kumar Gupta S/o- Ram Belash Sah R/v- Parariya Ps-
Bhaghaila Dist- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate
For the Opposite Party/s : Mrs. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 127(2), 115(2), 117(2), 109, 74, 303(2), 351(2) and 352 of
the B.N.S.
3. The allegation in the First Information Report is
that all the accused persons including the present petitioners
assaulted the informant causing injuries.
4. Learned counsel for the petitioners submits that a
minor scuffle and altercation between the parties based on a petty
issue of parking of the motorcycle has resulted in the present case
and the same bears only general and omnibus allegations against
the accused persons including the petitioner. The injuries suffered
are simple in nature caused by hard and blunt object and the
counter version of the case lodged by the petitioner’s side also
exists as co-accused Rajesh Sah has lodged the case against the
Patna High Court CR. MISC. No.90177 of 2025(2) dt.15-01-2026
2/2
informant and others on the same day. It has also been submitted
that offence under Section 109 of the B.N.S. would not get
attracted in the present facts and circumstances.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegation made in the First
Information Report.
6. Taking into consideration the facts and circumstances
and considering the general and omnibus nature of allegations,
coupled with the simple injuries suffered by two persons in the
background of case and counter case, let the above named
petitioner, who has no criminal antecedent, be released on bail, in
the event of his arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Baghaila P.S. Case No. 106 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of
the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…