Patna High Court
Dhaneshwar SahversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail is to be granted to petitioners 2 and 3, subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioners, brothers Anil and Vikas, were accused in Waini Police Station Case No. 52 of 2024 for offences under several sections of the Bharatiya Nyaya Sanhita, 2023. Their elder brother Dhaneshwar, initially a co‑petitioner, was arrested and sought to withdraw his bail application, which the court permitted. The remaining petitioners applied for anticipatory bail, claiming innocence and highlighting a 26‑day delay in filing the FIR. The State opposed the bail, but the court, after considering the circumstances, granted anticipatory bail to Anil and Vikas, subject to a bond of Rs.10,000 with two sureties each and conditions under Section 482(2) of the BNSS. The order also dismissed the withdrawn application of Dhaneshwar.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the delay of 26 days in lodging the FIR is a ground to deny bail.
- Whether the petitioner's request to withdraw his bail application can be permitted.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 127(2), 303(2), 3(5), 351(2), 352, 482(2), 74, 89
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- delay in FIR
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90785 of 2025
Arising Out of PS. Case No.-52 Year-2024 Thana- VAINI District- Samastipur
======================================================
1. Dhaneshwar Sah Son of Rambali Sah Resident of Ward no. 13, Khaira,
Waini, P.S.- Vaini, District- Samastipur, Bihar.
2. Anil Sah @ Anil Kumar Sah Son of Dhaneshwar Sah Resident of Ward no.
13, Khaira, Waini, P.S.- Vaini, District- Samastipur, Bihar.
3. Vikas Kumar @ Vikram Son of Dhaneshwar Sah Resident of Ward no. 13,
Khaira, Waini P.S.- Vaini, District- Samastipur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-02-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The learned counsel for the petitioners is permitted
to make necessary correction in the bail petition.
3. The petitioners apprehend arrest in connection with
Waini P.S. Case No. 52 of 2024 registered for offences under
Sections 89, 109(1), 126(2), 127(2), 115(2), 352, 351(2), 74,
303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
4. At the very outset, the learned counsel for the
petitioners submits that during the pendency of this case, the
petitioner no. 1, Dhaneshwar Sah has been arrested, therefore he
Patna High Court CR. MISC. No.90785 of 2025(4) dt.27-02-2026
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seeks permission to withdraw the present application filed on
behalf of the petitioner no. 1, Dhaneshwar Sah.
5. Permission, as prayed, is granted.
6. Accordingly, this application is dismissed as
withdrawn filed on behalf of the petitioner no. 1.
7. Now the application is limited to the petitioner no.
2 and 3 only.
8. As per the prosecution case, the petitioners are
accused of causing simple injuries to the victims.
9. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that there is a delay of 26 days in
lodging the FIR.
10. Learned APP for the State has vehemently
opposed the prayer for bail.
11. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
12. Accordingly, let the petitioner nos. 2 and 3, above-
named, in the event of their arrest or surrender within four
weeks from today in the Court below, be released on bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.90785 of 2025(4) dt.27-02-2026
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the learned Court below where the case is pending/successor
court in connection with Waini P.S. Case No. 52 of 2024 subject
to the conditions as laid down under Section 482(2) of the
BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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