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Patna High Court

Harendra SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the application and granted anticipatory bail to the petitioners.

Summary

The petitioners, three neighbours, were accused in a police case of theft of clothes and assaulting an informant with a blunt object, causing a simple head injury. The FIR alleged offences under several sections of the Bhartiya Nyaya Sanhita, but the petitioners argued that the allegations against two of them were vague and that the incident was a trivial neighbour dispute. The State opposed anticipatory bail, emphasizing the specific allegation against one petitioner for assault. The Court examined the nature of the injury, the specificity of the charges, and the fact that the dispute was minor, and concluded that the allegations did not warrant denial of bail. Accordingly, the Court granted anticipatory bail to all three petitioners, subject to a bail bond and sureties, invoking Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged theft and assault under the Bhartiya Nyaya Sanhita.
  • Whether the allegations against the petitioners are sufficiently specific to deny bail.
  • Whether the nature of the injury (simple) affects the grant of anticipatory bail.
  • Whether Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the Court to grant anticipatory bail in these circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • theft
  • neighbor dispute
  • simple injury
  • Section 482
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90327 of 2025
                       Arising Out of PS. Case No.-199 Year-2025 Thana- JALALPUR District- Saran
                 ======================================================
           1.     Harendra Sah Son of Nathuni Sah Resident of Village- Vishunpura P.S-
                  Jalalpur, Dist- Saran
           2.    Laddu Kumar @ Laddu Kr. Sah son of Harendra Sah Resident of Village-
                 Vishunpura P.S- Jalalpur, Dist- Saran
           3.    Gaya Sah son of Nathuni Sah Resident of Village- Vishunpura P.S- Jalalpur,
                 Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay
                                                  Mr. Amit Prakash
                 For the Opposite Party/s :       Ms. Chetna
                 For the State            :       Mr. Nawal Kishore Pd.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   21-04-2026         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 Jalalpur Police Station Case No. 199 of 2025, dated

                            07.09.2025,       disclosing        offences       under      Sections

                            126(2)/115(2)/118(1)/109/303(2)/352/351(2)/3(5) of the

                            Bhartiya Nyaya Sanhita.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 05.09.2025 in the evening, on the point of theft

                            of clothes all accused persons abused the informant and

                            upon protest, the informant was assaulted by petitioner
Patna High Court CR. MISC. No.90327 of 2025(4) dt.21-04-2026
                                            2/3




                  no. 2 by means of farsa on his head causing injury.

                  Petitioner no. 1 snatched hanuman locate and there is no

                  specific allegation against the petitioner no. 3.

              4. Learned counsel for the petitioners submits that both the

                  parties are neighbours and on trivial issue of theft of

                  clothes a scuffle took place between them. He next

                  submits that allegation against the petitioners are general

                  and omnibus in nature except allegation against the

                  petitioner no. 2, who allegedly assaulted the informant by

                  means of farsa. He further submits that injury caused to

                  the informant is simple in nature.

              5. On the other hand, learned counsel for the opposite party

                  no. 2 vehemently opposes the prayer for bail and submits

                  that there is specific allegation against petitioner no. 2,

                  who assaulted the informant by means of farsa causing

                  head injury.

              6. Learned counsel for the State, referring to the case diary

                  and injury report, pointed out that description of injuries

                  are not mentioned, however, doctor has opined the

                  injuries are simple in nature.

              7. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the fact that both the
            Patna High Court CR. MISC. No.90327 of 2025(4) dt.21-04-2026
                                                        3/3




                              parties are neighbours and on trivial issue the occurrence

                              took place, injuries sustained by the informant are simple

                              in nature and there is general and omnibus allegation

                              against petitioner no. 1 and 3, I am inclined to grant the

                              petitioners privilege of anticipatory bail.

                          8. This application is, accordingly, allowed.

                          9. 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 bond of Rs.

                              10,000/- (Ten Thousand) each with two sureties of the

                              like amount each to the satisfaction of learned Chief

                              Judicial Magistrate, Saran at Chapra, in connection with

                              Jalalpur Police Station Case No. 199 of 2025, subject to

                              the condition laid down under Section 482 (2) of the

                              Bhartiya Nagrik Suraksha Sanhita, 2023.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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