Patna High Court - Orders
Binda Sah vs The State Of Bihar on 16 April, 2026
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23995 of 2026
Arising Out of PS. Case No.-456 Year-2025 Thana- PAHARPUR District- East Champaran
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1. Binda Sah S/o Late Yuga Sah R/o Village- Sareya Barawan, PS- Paharpur,
Distt.- East Champaran.
2. Jawahir Sah S/o Late Yuga Sah R/o Village- Sareya Barawan, PS- Paharpur,
Distt.- East Champaran.
3. Om Prakash Kumar S/o Jawahir Sah R/o Village- Sareya Barawan, PS-
Paharpur, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mrs. Priyanka Kumari, Advocate
For the Opposite Party/s : Mrs. Sangeeta Sharma, APP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-04-2026Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(2), 109, 303(2), 329(3), 352, 3(5) of B.N.S.
3. As per prosecution case, on 19.08.2025 at 9:30 A.M., all the persons named in the FIR including these petitioners abuses him and when he made complaint against the son of Binda Sah (petitioner no. 1), co-accused Prakash Kumar assaulted the informant with iron rod causing head injury and co-accused, namely, Nitish Kumar assaulted the informant's Patna High Court CR. MISC. No.23995 of 2026(2) dt.16-04-2026 2/3 elder son, Shiv Ratan with rod fracturing his hand. It is further alleged that petitioner nos. 1 and 2 twisted the informant's hand, fracturing his fingers. Thereafter, all the accused persons assaulted the informant's wife.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, both parties are next door neighbours and due to long standing land dispute, scuffle took place. There is case and counter case. There is no specific allegation of assault or overt act attributed against the petitioner no. 3 and claims clean antecedent. Petitioner no. 1 has two criminal antecedents and petitioner no. 2 has one criminal antecedent.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and there is direct and specific allegation of assault is against the petitioner nos. 1 and 2 of fracturing thumb and little finger.
6. Considering the facts and circumstances of the case, specific and direct nature of accusation, criminal antecedents and nature of injuries allegedly caused by Petitioner Patna High Court CR. MISC. No.23995 of 2026(2) dt.16-04-2026 3/3 Nos. 1 and 2, the prayer for grant of anticipatory bail to Petitioner Nos. 1 and 2 are hereby rejected.
7. So far as Petitioner No. 3 is concerned, considering the facts and circumstances of the case, there is no specific allegation of assault or overt act is against the petitioner no. 3 rather the allegation is general and omnibus, the prayer for grant of anticipatory bail to Petitioner No. 3 is allowed.
8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner No. 3, namely, Om Prakash Kumar, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Motihari, East Champaran, in connection with Paharpur P.S. Case No. 456 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.
9. With the aforesaid directions, this application stands disposed of.
(Prabhat Kumar Singh, J) Ranjeet/-
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