Anil Sah @ Anil Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Anil Sah @ Anil Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: petitioner to be released on bail, if arrested or on surrender before the Court below within six weeks, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, East Muzaffarpur, in connection with Mushahari P.S. Case No. 226 of 2025, subject to the conditions laid down in Section 482(2) of the B.N.S.S., 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Mushahari P.S. Case No. 226 of 2025 (offences under Sections 329(4), 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the B.N.S.), should be released on anticipatory bail in the event of arrest or surrender.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, East Muzaffarpur, in connection with Mushahari P.S. Case No. 226 of 2025, subject to the conditions laid down in Section 482(2) of the B.N.S.S., 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — GRANTED (Patna High Court, Sunil Dutta Mishra, J.). Petitioner Anil Sah @ Anil Kumar, apprehending arrest in Mushahari P.S. Case No. 226 of 2025 (District Muzaffarpur), instituted for offences under Sections 329(4), 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the B.N.S., is to be released on bail, in the event of arrest or surrender before the Court below within six weeks, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, East Muzaffarpur, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. Prosecution case: petitioner, with F.I.R.-named accused, told the informant to take back a case filed against them, else they would be killed, and allegedly assaulted him on the head causing injury; co-accused armed with a khanti and a can full of diesel threatened to burn the informant and his family. Learned A.P.P. opposed the prayer. Bail ordered on consideration of facts and circumstances, submissions of counsel and nature of allegation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20137 of 2026

Arising Out of PS. Case No.-226 Year-2025 Thana- MUSAHARI District- Muzaffarpur

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

Anil Sah @ Anil Kumar S/O Bhola Sah R/O Village- Narauli Sen, P.O.Binda, P.S.- Musahari, District- Muzaffarpur, Bihar-843119

... ... Petitioner/s

Versus

4 24-06-2026

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Shashi Priya, Advocate Mr. Ritwaj Raman, Advocate Ms. Pankhuri, Advocate Mr. Anand Abhishek, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

... ... Opposite Party/s

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mushahari P.S. Case No. 226 of 2025, instituted for the offences punishable under Sections 329(4), 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the B.N.S.

As per the prosecution case, on the date of occurrence when the informant along with his wife were on the roof petitioner along with F.I.R. named accused persons said him to take back the case filed against them and their family, otherwise they will be killed. Saying so, petitioner along with other accused persons armed with weapon came at his roof.

Patna High Court CR. MISC. No.20137 of 2026(4) dt.24-06-2026 2/3

Petitioner is alleged to have assaulted the informant on his head causing injury and he fell down on the roof. Co-accused Kundan Kumar assaulted him with Khanti causing hand injury. Coaccused Nitish Kumar and Abhishek Kumar were having a Can full of diesel in their hands and were saying to burn the informant and his family members.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner and informant are agnates and a partition suit is pending between the parties. Earlier also the informant had filed two cases of similar nature against the petitioner in which he is on bail. Injury report does corroborate the allegation made against the petitioner that he has caused injury on the head of the informant. During investigation witnesses have not made any specific allegation against the petitioner. Due to land dispute, proceeding under Section 144 Cr.P.C. was also started between the petitioner and the informant. Informant fell down from the roof on the bricks and sustained injury and taking advantage of the same he has implicated the petitioner and others. He undertakes to co-operate in the investigation and trial.

Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.20137 of 2026(4) dt.24-06-2026 3/3

anticipatory bail.

Considering the facts and circumstances of the case, submission of learned counsel for the parties and nature of allegation, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, East Muzaffarpur in connection with Mushahari P.S. Case No. 226 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.)

rakhi/-

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