Patna High Court
Anil SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Anil Sah, applied for bail in connection with a case registered under multiple sections of the Bharatiya Nagrik Suraksha Sanhita for allegedly assaulting an informant with repeated blows using a dabia. The petitioner argued that the injury report showed only simple injuries and that there was a delay of over a day in filing the FIR, which undermined the prosecution's case. The State contended that despite the simple nature of the injuries, the petitioner had repeatedly struck the informant's head. The court examined the nature of the injuries, the petitioner’s clean antecedent, and the FIR delay, and found no compelling reason to deny bail. Consequently, the court ordered bail on the condition of a Rs.10,000 bond with two sureties and a family member as one bailor, subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the alleged offences
- Whether the delay in lodging the FIR and the simple nature of injuries justify granting bail
- Whether the petitioner’s clean antecedent influences the bail decision
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- delay in FIR
- simple injury
- antecedent record
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91175 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- PHENHARA District- East Champaran
======================================================
Anil Sah S/o Late Jagarnath Sah R/o- Mauje Rupauliya Tola Chauhan
Chhapra, P.S.- Phenhara, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Patanjali Rishi
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Penhara P.S. Case No. 164 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 109, 74,
303(2), 352, 351(2), 3(5) of the BNS.
3. The allegation against the petitioner is of causing
indiscriminate dabia blows over the head of the informant
leading to serious injuries, besides the allegation against other
accused persons of causing assault and snatching valuables and
misbehave.
4. Learned Advocate for the petitioner taking this
Court through the FIR submitted that the entire prosecution case
falls to the ground for the simple reason that the injury report
does not corroborate the allegation of indiscriminate dabia
Patna High Court CR. MISC. No.91175 of 2025(2) dt.15-01-2026
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blows as the injuries sustained to the informant have been found
to be simple in nature. In fact on the fateful day, on account of a
trifle, the parties have entered into a scuffle resulting into some
unfortunate injuries. Moreover, the alleged occurrence took
place at about 11:45 am on 22.07.2025 but the present FIR came
to be instituted on 23.07.2025 at 5:30 in the evening. The
petitioner bears fair antecedent and he undertakes that he will
fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
informant was fortunate enough that he sustained simple injury
but it is the fact that the petitioner gave repeated blows over the
head of the informant by means of dabia.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the simple nature of injury, coupled with the fair antecedent
of the petitioner, besides the delay in lodging of the FIR, let the
petitioner abovenamed be released on bail, in the event of his
arrest or surrender before the court below within a period of four
weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.91175 of 2025(2) dt.15-01-2026
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the learned Judicial Magistrate, 1st Class, East Champaran,
Motihari in connection with Penhara P.S. Case No. 164 of
2025, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
Anjani/-
U T
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