Saif Ali Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Saif Ali Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted. Petitioner, in the event of his arrest or surrender before the Court below within four weeks, to be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Darbhanga, in connection with Bahera Police Station Case No. 256 of 2018 (as printed in the order), subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether petitioner Saif Ali is entitled to anticipatory bail in connection with Nautan Police Station Case No. 253 of 2025 (offences under Sections 126(2)/118(1)/117(2)/303(2)/74/352/351(2)/351(3)/3(5), Bhartiya Nyaya Sanhita).

Court's answer

Weighing the submissions of the parties, the Court found the nature of allegation, the long standing dispute between the parties and the inordinate delay in lodging the FIR sufficient grounds to incline towards granting anticipatory bail.

Ratio / Principle

The anticipatory bail application is allowed.

Key takeaways

Release directions: in the event of arrest or surrender before the Court below within four weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Anil Kumar Sinha, J, oral order, 23-04-2026), Criminal Miscellaneous No.10257 of 2026 arising out of Nautan P.S. Case No. 253 of 2025 (District Siwan), allowed anticipatory bail to Saif Ali for offences under Sections 126(2)/118(1)/117(2)/303(2)/74/352/351(2)/351(3)/3(5), Bhartiya Nyaya Sanhita. Prosecution case: on 30.09.2025 the petitioner, in drunken condition, abused the informant and her daughter and assaulted her with a brick breaking two teeth, and later intercepted and assaulted the informant and her daughter while she was going for medical treatment. Grant rested on the nature of allegation, the long standing dispute between the parties (counsel: agnates and neighbours disputing drainage; injury not serious) and the inordinate nine-day delay in lodging the FIR (occurrence 30.09.2025; FIR 08.10.2025). Release ordered on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two like sureties, subject to Section 438(2), Code of Criminal Procedure. No precedent cited or discussed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10257 of 2026

Arising Out of PS. Case No.-253 Year-2025 Thana- NAUTAN District- Siwan

======================================================

Saif Ali S/o Nizamuddin Resident of Village - Angauta, P.S. - Nautan, District - Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Pushpa Sinha ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

3 23-04-2026 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Nautan Police Station Case No. 253 of 2025, dated 08.10.2025, disclosing offences under Sections 126(2)/118(1)/117(2)/303(2)/74/352/351(2)/351(3)/3(5) of the Bhartiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, is that on 30.09.2025 at about 3:00 PM, while the informant and her daughter were at their door, the petitioner arrived there in drunken condition and started abusing and misbehaving with informant and her daughter. When protested, the petitioner assaulted the informant with brick, breaking two of her teeth. It has

Patna High Court CR. MISC. No.10257 of 2026(3) dt.23-04-2026 2/3

further been alleged that when the informant was going for medical treatment, the accused persons, including the petitioner, intercepted and assaulted the informant and her daughter.

4. Learned counsel for the petitioner submits that the both the parties are agnates and neighbours and there is long standing dispute between them regarding drainage. He next submits that injury caused to the informant is not serious in nature. He further submits that there is inordinate delay of 09 days inasmuch as the occurrence took place on 30.09.2025, but FIR has been lodged on 08.10.2025.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation, long standing dispute between the parties and inordinate delay in lodging the FIR, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.10257 of 2026(3) dt.23-04-2026 3/3

each to the satisfaction of learned Additional Chief Judicial Magistrate, Darbhanga, in connection with Bahera Police Station Case No. 256 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J)

ashwani/-

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