Rajesh Sah @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4467 of 2025 Arising Out of PS. Case No.-126 Year-2022 Thana- MEHSI District- East Champaran ====================================================== Rajesh Sah @ Rajesh Kumar S/o Munilal Sah R/o Village- Harpurnag, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rahul Singh For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 379, 324, 307, 504, 506 and 354B/34 of the Indian Penal Code.
3. Allegation in the first information report is that the accused persons being nine in number came variously armed to the house of the informant and started hurling abuses and assaulting the informant. Further, one Vijay Sah gave a hasuli in the hands of Rajesh Sah, the present petitioner, who assaulted by means of the same on the neck of the informant due to which she sustained injuries on the neck, head, elbow and on the nose.
4. Learned counsel for the petitioner submits that it would be apparent from the first information report itself that
Patna High Court CR. MISC. No.4467 of 2025(4) dt.14-07-2025 2/3 initially there is a general and omnibus allegation of assault and subsequently an allegation has been made upon the petitioner of having assaulted the informant by means of hasuli causing injuries at various parts of the body. However, the injury report which is available on record along with the case diary shows that there are two injuries on the person of the informant one having been caused by a sharp object and the second by hard and blunt object and both are simple in nature. It has further been pointed out that there is case and counter case and the mother of petitioner no. 2 had initially lodged a case against the informant and others, the case being Mehsi P.S. Case No. 125 of 2022 which is Annexure-2 to the present application and present case being Mehsi P.S.
Case No. 126 of 2022 is only a counter blast of the case filed on behalf of the petitioner. There is an earlier dispute going on between the parties with regard to a land dispute and the parties are next door neighbours. It is also submitted that other co-accused persons being Ajay Sah and others have already been granted privilege of anticipatory bail vide order dated 17.02.2024 passed in Cr. Misc. No. 7082 of 2024.
5. Learned APP for the State has opposed the application for anticipatory bail.
Patna High Court CR. MISC. No.4467 of 2025(4) dt.14-07-2025 3/3
6. Considering all the above mentioned facts and circumstances, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mehsi P.S. Case No. 126 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J) devendra/- U T