Patna High Court
Harendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
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
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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
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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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