Bhola sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Bhola sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest (anticipatory) bail granted: in the event of arrest/surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the District and Additional Sessions Judge10, Motihari, East Champaran, in Kalyanpur Police Station Case No. 280 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether anticipatory (pre-arrest) bail should be granted to the petitioner, Bhola sah, who apprehends arrest in connection with Kalyanpur PS Case No. 280 of 2023 dated 11.08.2023, registered for offences punishable under Sections 147, 149, 341, 323, 307, 354, 379, 504, 506 of the Indian Penal Code.

Court's answer

Considering the facts of the case (agnate parties, land dispute with case and counter case, simple injury, clean antecedent claimed, and co-accused already granted pre-arrest bail), the prayer for bail of the petitioner is allowed.

Ratio / Principle

In the event of the petitioner's arrest or surrender within eight weeks, he shall be enlarged on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the District and Additional Sessions Judge10, Motihari, East Champaran, in Kalyanpur Police Station Case No. 280 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail - Granted. Petitioner (Bhola sah) apprehending arrest in Kalyanpur PS Case No. 280 of 2023, dated 11.08.2023, registered under Sections 147, 149, 341, 323, 307, 354, 379, 504, 506 IPC (informant allegedly beaten with iron rod). Petitioner submitted parties are agnate with a land dispute (case and counter case), injury was simple, antecedents clean, and co-accused with similar allegations had already been allowed pre-arrest bail by a co-ordinate bench in Cr.Mis.No. 35472/2025. Court allowed the bail prayer: on arrest/surrender within eight weeks, petitioner to be enlarged on a bail bond of Rs. 10,000/- with two sureties of the like amount each before the District and Additional Sessions Judge10, Motihari, East Champaran, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75639 of 2025

Arising Out of PS. Case No.-280 Year-2023 Thana- KALYANPUR District- East Champaran

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

Bhola sah Son of Late Pancho Sah Resident of Village- Dharampur Tola Belwa, Ward No.-1, P.S.-Kalyanpur, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Dhurendra Kumar , Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 05-02-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Kalyanpur PS. Case No.-280 of 2023, dated 11.08.2023 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 354, 379, 504, 506 of the Indian Penal Code.

As per allegation, informant was beaten by this petitioner along with other co-accused persons by means of iron rod.

It is submitted on behalf of the petitioner that parties are agnate and there is land dispute. Case and counter case. Doctor has found simple injury. Petitioner claims clean antecedent. Co-accused, with similar allegation, have already

Patna High Court CR. MISC. No.75639 of 2025(2) dt.05-02-2026 2/2

been allowed pre-arrest bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 35472/2025.

Learned counsel for the State opposed the bail.

Considering the aforesaid facts of the case, prayer for bail of all the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioner, mentioned above, 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 the District and Additional Sessions Judge10, Motihari, East Champaran in Kalyanpur Police Station Case No. 280 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

Koushik/-

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