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2026 DAILYLAW 31730 (PAT)

Anil Das v. The State of Bihar

CR. MISC./6062/2026 · 2026-02-04

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6062 of 2026 Arising Out of PS. Case No.-387 Year-2025 Thana- BANKA District- Banka ====================================================== Anil Das S/o Late Sudin Das R/o Village- Vijaynagar, P.S- Banka, Dist- Banka. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Md.Najmul Hodda, Adv. For the Opposite Party/s : Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Banka P.S. Case No. 387 of 2025, registered for the offences under Sections 126(2), 115(2), 329(4), 109(1), 351(2), 352, 3(5) of the BNS. 3. As per the prosecution case, petitioner and other co- accused persons assaulted the informant making him unconscious. Mother of the informant was also assaulted. The occurrence took place in the background of some altercation between co-accused persons and the wife of the informant. 4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and is innocent. Both the parties are co-villagers and there is land Patna High Court CR. MISC. No.6062 of 2026(2) dt.04-02-2026 2/3 dispute between them. The informant side has been draining his daily use water on the land of the petitioner and in this background some altercation took place and the informant side got irritated and a free fight erupted between the parties. Persons from both the sides received injuries. There is no specific allegation against the petitioner and the allegations are general, vague and omnibus. The petitioner is having clean antecedent and he is in custody since 03.09.2025. Charge sheet has been submitted. 5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the rejection order of the prayer for bail of the petitioner by the learned Additional Sessions Judge-III, Banka shows that the informant received a large number of injuries. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the non-specific nature of allegation against the petitioner, his period of custody and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned CJM, Banka/concerned court, in connection with Banka P.S. Case No. Patna High Court CR. MISC. No.6062 of 2026(2) dt.04-02-2026 3/3 387 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T