Akhilesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2988 of 2026 Arising Out of PS. Case No.-96 Year-2025 Thana- MAINATAND District- West Champaran ====================================================== 1.

Akhilesh Sah S/O Mandal Sah @ Bijli Sah Resident of Vill- Mainatand, P.S.- Mainatand, Dist- West Champaran.

2.

Golu Sah @ Golu Kumar S/O Akhilesh Sah Resident of Vill- Mainatand, P.S.- Mainatand, Dist- West Champaran.

3.

Sonu Kumar @ Sonu Sah @ Solu Sah S/O Akhilesh Sah Resident of VillMainatand, P.S.- Mainatand, Dist- West Champaran. 4.

Kamlesh Sah S/O Mandal Sah @ Bijli Sah Resident of Vill- Mainatand, P.S.- Mainatand, Dist- West Champaran.

5.

Ripu Kumar @ Ripu Sah S/O Lalbabu Sah Resident of Vill- Mainatand, P.S.- Mainatand, Dist- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Mainatand P.S. Case no.96 of 2025 registered under Sections 126(2), 115(2), 117(2), 305, 329(4), 324(4), 76, 352 and 3(5) of B.N.S, 2023.

3. Allegations in the F.I.R is that all accused persons including the petitioners herein came to the house of the informant variously armed and indulged in assault causing

Patna High Court CR. MISC. No.2988 of 2026(2) dt.28-01-2026 2/3 injuries.

4. Learned counsel for the petitioners submits at the outset that present F.I.R has been lodged after inordinate delay of 24 days. There is case and counter case and as a matter of fact the petitioners were given benefit of Section 35(3) of B.N.S.S. Now, charge-sheet has been submitted in the case and apprehension has arisen. Learned counsel for the petitioners submits that they have never misused the privilege Section 35(3) of B.N.S.S. and compromise has also been signed between the parties in the learned Court concerned.

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

6. Taking into consideration the aforesaid facts and circumstances of the fact and considering that there is inordinate delay of 24 days in lodging of F.I.R coupled with the fact that compromise have been arrived between the parties, it is directed that the petitioners above named, having no criminal antecedent 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 Dinara P.S. Case no.261 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.2988 of 2026(2) dt.28-01-2026 3/3 learned Court concerned where the case is pending/successor Court, 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) Harsh/- U T