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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners in connection with Cheriyabariyarpur P.S. Case No. 103 of 2025, in the event of arrest or surrender before the learned Court below within four weeks, on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in Cheriyabariyarpur P.S. Case No. 103 of 2025 registered under Sections 126(2), 115(2), 329(4), 74, 303(2), 109(1)/3(5) of the BNS, should be released on anticipatory bail.

Court's answer

Taking into consideration the facts and circumstances, the delay in lodging the FIR, the existence of case and counter case, and the simple nature of the injuries suffered, the court directed that the petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within four weeks.

Ratio / Principle

The release was made conditional on furnishing a bail bond of Rs.10,000/- each with two sureties of the like amount each, and subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Patna High Court (Soni Shrivastava, J.) allowed the application of two petitioners (father and son) apprehending arrest in Cheriyabariyarpur P.S. Case No. 103 of 2025 (District Begusarai) registered under Sections 126(2), 115(2), 329(4), 74, 303(2), 109(1)/3(5) of the BNS, alleging entry into the informant's house and assault causing injuries. The court took into account the 4-day delay in lodging the FIR (occurrence 04.07.2025; FIR 08.07.2025), the existence of case and counter case (Complaint Case No. 94 of 2025 filed by the wife of petitioner no. 1 against the informant's family), and injury reports showing all injuries to be simple in nature caused by hard and blunt substance. Petitioners to be released on arrest or surrender within four weeks on bail bond of Rs.10,000/- each with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69483 of 2025

Arising Out of PS. Case No.-103 Year-2025 Thana- CHERIYA BARIYARPUR District-

Begusarai

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

1. Pawan Sah @ Pawan Sahu S/o Tej Narayan Sah @ Tej Narayan Sahu R/o vill - Kumbhi, ward no. 11, P.S.- Cheriyabariyarpur, Distt.- Begusarai

Tej Narayan Sah @ Tej Narayan Sahu S/o Late Nathuni Sah R/o vill - Kumbhi, ward no. 11, P.S.- Cheriyabariyarpur, Distt.- Begusarai

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Randhir Kumar No 1 For the Opposite Party/s : Mr.Manoj Kumar ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

4 21-01-2026

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered under Sections 126(2), 115(2), 329(4), 74, 303(2), 109(1)/3(5) of the BNS.

The allegation in the first information report is that the petitioner and other co-accused persons entered into the house of the informant and abused and assaulted her son and others causing injuries.

Learned counsel for the petitioners submits, at the outset, that the first information report has been lodged after a delay of 4 days inasmuch while the occurrence is said to have taken on 04.07.2025 the FIR was lodged on 08.07.2025. It has further been submitted that both the sides are gotiyas having a bonafide land dispute and as a matter of fact, the present case is

Patna High Court CR. MISC. No.69483 of 2025(4) dt.21-01-2026 2/2

counter blast of Complaint Case No. 94 of 2025 filed by the wife of petitioner no. 1 against the informant and his family members. Further the injury reports of the injured persons as would be found in the case diary indicates that all the injuries suffered by the injured persons are simple in nature caused by hard and blunt substance.

The application for anticipatory bail is opposed by learned A.P.P. for the State.

Taking into consideration the facts and circumstances and also considering the delay in the FIR, case and counter case and also the nature of injury suffered, let the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Cheriyabariyarpur P.S. Case no.103 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J)

devendra/- U T