Brahm Deo Sah Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Brahm Deo Sah Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to all five petitioners: upon arrest or surrender before the Court below within four weeks, release on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, East Champaran at Motihari, in connection with Ghorasahan Police Station Case No. 125 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners should be granted anticipatory bail in connection with Ghorasahan Police Station Case No. 125 of 2025, disclosing offences punishable under Sections 191 (2)/190/126 (2)/115 (2)/118 (1)/109(1)/76/303(2)/352/351 (2) of the Bhartiya Nyaya Sanhita, 2023.

Court's answer

Having regard to the submissions and the considerations recorded (co-sharer land dispute, case and counter case, non-vital grievous injuries, parity with co-accused already granted anticipatory bail), the Court was inclined to grant the petitioners the privilege of anticipatory bail.

Ratio / Principle

A ground for grant of bail was that both parties are co-sharers having a land dispute, with a case and counter case between them.

Key takeaways

Further grounds: the grievous injuries sustained by the victims are on non-vital parts of their bodies, and co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court (parity).ratio¶27
Operative direction: in the event of arrest or surrender before the Court below within four weeks, the petitioners are to be released on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, East Champaran at Motihari, in connection with Ghorasahan Police Station Case No. 125 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶29

Detailed headnote1 paragraphs

Anticipatory bail granted. The High Court of Judicature at Patna (Anil Kumar Sinha, J.), by order dated 20-02-2026 in Criminal Miscellaneous No. 62532 of 2025, allowed an application for anticipatory bail arising out of Ghorasahan Police Station Case No. 125 of 2025 (dated 25.04.2025), disclosing offences punishable under Sections 191 (2)/190/126 (2)/115 (2)/118 (1)/109(1)/76/303(2)/352/351 (2) of the Bhartiya Nyaya Sanhita, 2023. Per the FIR, the petitioners, with other co-accused, variously armed, abused and assaulted the informant with a farsha; intervening family members were also assaulted, and altogether 12 persons sustained injuries. Granting bail, the Court took into consideration that (i) both parties are co-sharers having a land dispute, with a case and counter case between them (counter case being Ghorasahan P.S. Case No. 126 of 2025, lodged at the petitioners' instance, per counsel); (ii) the grievous injuries sustained by the victims are on non-vital parts of their bodies (elbow injury of Champa Devi attributed to petitioner no. 1 and finger injury of Sunil Thakur to petitioner no. 3, per counsel's submissions); and (iii) some co-accused persons had already been granted anticipatory bail by a co-ordinate Bench, vide order dated 26.11.2025 in Criminal Misc. No. 59056 of 2025 (parity). The petitioners are to be released on bail, upon arrest or surrender within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, East Champaran at Motihari, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62532 of 2025

Arising Out of PS. Case No.-125 Year-2025 Thana- GHORASAHAN District- East

Champaran

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Brahm Deo Sah Son of Late Matook Sah R/o Village Koraiya - Lakhan, P.S. - Ghorasahan Dist. - East Champaran at Mothari

Mahesh Thakur Son of Late Raja Thakur R/o Village - Koaraiya - Lakhan, P.S. - Ghorasahan, Dist. - East Champaran at Motihari.

Subhash Thakur Son of Heera Man Thakur R/o Village Koraiya - Lakhan, P.S. - Ghorasahan Dist. - East Champaran at Mothari

Ram Nivash Thakur Son of Heera Man Thakur R/o Village Koraiya - Lakhan, P.S. - Ghorasahan Dist. - East Champaran at Mothari

Dilip Thakur @ Dilip Kumar Son of Mahesh Thakur R/o Village Koraiya - Lakhan, P.S. - Ghorasahan Dist. - East Champaran at Mothari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Akashdeep Mr.Hans Lal Kumar For the Opposite Party/s : Mr. Akshay Lal Pandit

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

6 20-02-2026 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ghorasahan Police Station Case No. 125 of 2025, dated 25.04.2025, disclosing offences punishable under Sections 191 (2)/190/126 (2)/115 (2)/118 (1)/109(1)/76/303(2)/352/351 (2) of the Bhartiya Nyaya Sanhita, 2023.

The prosecution case, as per the First Information Report,

Patna High Court CR. MISC. No.62532 of 2025(6) dt.20-02-2026 2/4

is that on 25.04.2025, the petitioners, along with other coaccused persons, named in the First Information Report, variously armed, arrived at the land of the informant and started abusing. Upon protest, the petitioners and other accused persons assaulted the informant with farsha over his head. It has further been alleged that when the family members of the informant and others intervened in order to save the informant, the petitioners and others assaulted them also, due to which altogether 12 persons sustained injuries.

Learned Counsel for the petitioners submits that both the parties are co-sharers and there is land dispute between them and a title suit is also pending between the parties. A counter case has been lodged by the side of the petitioners against the informant and others, bearing Ghorasahan Police Station Case No. 126 of 2025. The allegation against the petitioners are general and omnibus in nature and majority of the victims have sustained simple injuries except one Champa Devi, who has sustained grievous injury in her elbow and the injury upon her is attributable to the petitioner no. 1. Likewise, the grievous injury sustained by Sunil Thakur in his finger is caused by

Patna High Court CR. MISC. No.62532 of 2025(6) dt.20-02-2026 3/4

petitioner no. 3. The grievous injuries sustained by the victims aforesaid are on non-vital parts of their bodies. Some of the co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court, vide order, dated 26.11.2025, passed in Criminal Misc. No. 59056 of 2025.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are co-sharers having land dispute, case and counter case is there, grievous injuries sustained by the victims are on non-vital parts of their bodies and coaccused persons have been granted anticipatory bail by a co-ordinate Bench of this Court, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released 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 Sub Divisional Judicial Magistrate, East Champaran, at Motihari, in connection with Ghorasahan

Patna High Court CR. MISC. No.62532 of 2025(6) dt.20-02-2026 4/4

Police Station Case No. 125 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.)

Prabhakar Anand/-

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