SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Pat) 3592

PATNA HIGH COURT
Prabhat Kumar Singh, J
Ganesh Sahu @ Ganesh Sah – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.81281 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Alok Kumar Jha
For the Respondents: Mr. Prem Kumar Jha, APP

Anticipatory bail can be granted when accusations are deemed omnibus and lack substantial evidence.

Headnote:In an anticipatory bail application arising under various sections of the B.N.S., the Court analyzed the claims of innocence by the petitioners against serious accusations of assault. The Court found the allegations to be of a general nature and allowed the bail application for Petitioner Nos. 2 and 3, emphasizing the absence of substantial evidence and the ongoing land dispute as context.

Result: Application stands dismissed as withdrawn for Petitioner No. 1 and bail granted for Petitioner Nos. 2 and 3.

Table of Content
1. details of the allegations and context of the case presented. (Para 5 , 6 , 7)
2. court’s decision on bail considering the nature of accusations. (Para 9 , 10)

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 15-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. At the outset, learned counsel appearing on behalf of the petitioners seeks permission to withdraw this anticipatory bail application on behalf of Petitioner No. 1, namely Ganesh Sahu.

3. Permission, as prayed for, is accorded.

4. Accordingly, this anticipatory bail application with regard to Petitioner No. 1 stands dismissed as withdrawn.

5. Petitioner Nos. 2 and 3 apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(2), 109(1), 352, 351(2), 3(5) and 303(2) of the B.N.S. .

6. As per prosecution case, Petitioner Nos. 2 and 3 are alleged to have assaulted son and daughter-in-law of informant with bricks.

7. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Specific accusation of assault is against co-accused Ganesh and Chandan Sahu. There is admitted land dispute between the parties for which a series of litigation is going on between them. The present case is counter- blast of Kusheshwarasthan P.S. Case No. 195 of 2025 which was lodged by co-accused Chandan Kumar Sahu against informant and others. Doctor has found simple injuries on the body of the injured. Petitioners are ladies.

8. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

9. Considering the facts and circumstances of the case and general and omnibus nature of accusation, the prayer for grant of anticipatory bail to Petitioner Nos. 2 and 3 is allowed.

10. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner Nos. 2 and 3 be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Biraul, Darbhanga in connection with Kusheshwarsthan P.S. Case No. 196 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S. S..

11. With the aforesaid directions, this application stands disposed of.

(Prabhat Kumar Singh, J)

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top