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Patna High Court

Madan SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions, including surrender within six weeks and furnishing a bail bond with sureties.

Summary

Madan Sah applied for anticipatory bail after the police registered a case (Sahiyara PS No.203/2025) alleging he assaulted his cousin’s hand, invoking Sections 126(2), 115(2), 117(2), 109(1), 352 and 3(5) of the B.N.S. The petitioner argued that he has no criminal record, the injury was to a non‑vital part of the body, and there was an unexplained delay between the incident, the informant’s statement and the FIR, casting doubt on its authenticity. The State and the informant opposed bail, contending the assault was grievous and the petitioner might not cooperate with the investigation. The Court considered the clean antecedent, the nature of the injury, and the delay, and held that bail could be granted provided the petitioner surrendered within six weeks and posted a bond with sureties, subject to Section 482(2) of the B.N.S.S. The Court also warned that bail could be cancelled if the petitioner failed to cooperate. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case of alleged assault under Sections 126(2),115(2),117(2),109(1),352,3(5) of the B.N.S.
  • Whether the delay in recording the informant’s statement and lodging the FIR affects the credibility of the complaint
  • Whether the petitioner is likely to abscond or obstruct the investigation

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 3(5), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • assault
  • delay in FIR
  • Section 109
  • Section 482
  • criminal procedure
  • bail conditions
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9606 of 2026
                     Arising Out of PS. Case No.-203 Year-2025 Thana- SAHIYARA District- Sitamarhi
                 ======================================================
                 Madan Sah Son of Bindeshwari Sah R/v Village - Maudah, Ward no. 11, P.S. -
                 Sahiyara, Dist. - Sitamarhi.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :      Mr. Pushpendra Kumar Singh, Adv.
                                                    Ms. Divya Bharti, Adv.
                 For the State              :       Mr. Yogendra Kumar, Adv.
                 For the O.P. No. 2         :       Mr. Diwakar, Adv.
                                                    Ms. Priya Kumari, Adv.
                                                    Mr. Deepak Kumar, Adv.
                                                    Ms. Saheeba Naz, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   27-02-2026                           Heard learned counsel for the petitioner as well as

                   learned counsel for the informant and learned A.P.P. for the State.

                                        2. The petitioner is apprehending his arrest in

                   connection with Sahiyara P.S. Case No. 203/2025 registered for

                   the offences punishable under Sections 126(2), 115(2), 117(2),

                   109(1), 352, 3 (5) of the B.N.S.

                                        3. As per prosecution case, there is allegation against

                   the petitioner who is said to have assaulted upon the right hand of

                   the informant as a result of which the informant sustained hand

                   injury.

                                        4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged in

                   the FIR. The petitioner bears no criminal antecedent. He further
Patna High Court CR. MISC. No.9606 of 2026(2) dt.27-02-2026
                                            2/3




          submits that there is an inordinate and unexplained delay at every

          stage, i.e. recording the fardbeyan as well as lodging the FIR. The

          alleged occurrence took place on 29.10.2025, the fardbeyan of the

          informant was recorded on 02.11.2025 and the FIR was lodged on

          12.11.2025. No plausible explanation has been given regarding

          the said delay, which questions the authenticity of the FIR. He

          further submits that there is allegation against the petitioner who

          is said to have assaulted the informant on a non-vital part of the

          body. He further submits that both parties are cousin brother and

          there is land dispute between the parties. In this context, facts are

          generally exaggerated in order to make the case graver. He orally

          submits that the petitioner will not abscond rather will cooperate

          in the investigation to prove his innocence. In the light of the

          aforesaid facts and circumstances of the case, no case is made out

          against the petitioner under section 109(1) or any other allied

          provisions.

                          5. The learned counsel for the informant as well as

          learned A.P.P. for the State vehementally opposed the prayer for

          anticipatory bail of the petitioner and submitted that there is

          specific allegation against the petitioner who is said to have

          assaulted the informant on the right hand, which is grievous in

          nature. Hence, the petitioner does not deserve anticipatory bail.

                          6. Considering the facts and circumstances of the
           Patna High Court CR. MISC. No.9606 of 2026(2) dt.27-02-2026
                                                       3/3




                     case, keeping in view clean antecedent of petitioner and the

                     injury of the informant is on a non-vital part of the body, argument

                     advanced on behalf of both sides and also taking into

                     consideration the material available on record, the petitioner

                     above-named, in the event of his arrest or surrender before the

                     learned trial court within a period of six weeks from today, be

                     released on anticipatory bail on furnishing bail bond of Rs.

                     10,000/- (rupees ten thousand) with two sureties of the like

                     amount each to the satisfaction of learned Court of learned

                     Judicial Magistrate-1st Class, Sitamarhi in connection with

                     Sahiyara P.S. Case No. 203/2025, subject to the conditions as laid

                     down under Section 482 (2) of the B.N.S.S.

                                  7. The application stands allowed.

                                  8. However, it is made clear that if the Investigating

                     Officer of the case files an application before the learned trial

                     court bringing to its notice that the petitioner despite giving

                     assurance to this Court are not co-operating in the investigation, in

                     that event, the learned trial court shall be at liberty to cancel the

                     bail bonds of the petitioner.



                                             (Alok Kumar Pandey, J)
amitkumar/-

U      T


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