Dasai Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4148 of 2025 Arising Out of PS. Case No.-599 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Dasai Sah S/O Late Mahadev Sah @ Rajkumar Sah R/O Village - Shitalpur Kamalpur, P.S- Bidupur, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Bidupur PS Case No. 599 of 2024, dated 25-09-2024 instituted for the offence punishable under Sections 115(2), 126(2),109, 352, 351(2), 351(3) and 3(5) of the B.N.S., Subsequently Section 103 of the B. N.S. has been added.
3. The prosecution case in short is that on 25-09-2024 all the named accused persons came at the house of the informant and started abusing his father. It is further alleged that they thrashed the informant's father on the ground and assaulted him by means of bricks and stones on the temporal region of his head and made him seriously injured. Subsequently, the father of the informant was taken to P.H.C.,
Patna High Court CR. MISC. No.4148 of 2025(2) dt.12-02-2025 2/3 Bidupur, for treatment from where he was referred to Sadar Hospital, Hajipur and from there he was referred to P.M.C.H. Patna. Later on, he was referred to Ruban Hospital, Patna for better treatment.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. It is submitted that informant and petitioner are own agnates and due to land dispute, the alleged occurrence took place. It is next submitted that from bare perusal of the FIR itself, it would appear that there is general and omnibus allegation against the petitioner and there is no specific overt act against the petitioner. Further submission is that all the family members of the petitioner have been made accused in the instant case. The F.I.R. has been lodged after ten days of the alleged occurrence and there is no plausible explanation for such delay. Lastly, it has been submitted that the petitioner is in custody since 19-10-2024 having no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.4148 of 2025(2) dt.12-02-2025 3/3 each to the satisfaction of the learned C.J.M. Vaishali at Hajipur, in Bidupur PS Case No. 599 of 2024.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T