Patna High Court
Bali SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Bali Sah, Satyandra Sah and Anita Devi, feared arrest in a criminal case (PS Basantpur Case No. 402 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault. The prosecution alleged that the petitioners assaulted the victim, while the petitioners contended they were innocent and that the injury report showed only simple injuries, insufficient to sustain a charge under Section 109. The State opposed the grant of anticipatory bail. The Court, after considering the facts, allowed the anticipatory bail application, directing the petitioners to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the facts disclosed, particularly the injury report, justify the charge under Section 109 of the BNSS
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90887 of 2025
Arising Out of PS. Case No.-402 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
1. Bali Sah S/o- Late Vigan Sah Village- Khawaspur, P.S.- Lakari Nabiganj,
District- Siwan
2. Satyandra Sah @ Satyandra Sharma S/o- Bali Sah Village- Khawaspur, P.S.-
Lakari Nabiganj, District- Siwan
3. Anita Devi W/o- Satyandra Sah Village- Khawaspur, P.S.- Lakari Nabiganj,
District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Basantpur (L.N.G.) P.S. Case No. 402 of 2025 registered for
offences under Sections 126(2), 115(2), 109, 74, 303(2), 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that from the injury report it appears
Patna High Court CR. MISC. No.90887 of 2025(2) dt.28-01-2026
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that the victim had sustained simple injuries and no offence
under Section 109 of the Bharatiya Nyaya Sanhita, 2023 is
made out.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, 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 learned
A.C.J.M. 1st, Siwan/concerned court below in connection with
Basantpur (L.N.G.) P.S. Case No. 402 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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