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Patna High CourtCR. MISC./4457/2026bail granted

Chandan Sah @ Chandan Kumar v. The State Of Bihar

2026-04-21Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4457 of 2026 Arising Out of PS. Case No.-111 Year-2025 Thana- YADOPUR District- Gopalganj ====================================================== 1.

Chandan Sah @ Chandan Kumar S/o Lalan Sah R/o Village - Baraipatti, P.S - Yadopur, District - Gopalganj 2.

Lalan Sah S/o Satyanarayan Sah R/o Village - Baraipatti, P.S - Yadopur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey Mr. Masoom Raza Mr. Aman Kumar For the State :

Ms.Rina Sinha For the informant :

Mr. Narendra Kumar Roy Mr. Shubham Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-04-2026

1. Learned Counsel for the petitioners informs that the petitioner no. 2, Lalan Sah, has been arrested by the police during the pendency of this application and this application, so far as petitioner no. 2 is concerned, has become infructuous.

2. Accordingly, this application, so far as petitioner no. 2, is concerned, is dismissed as having become infructuous.

3. This application will now survive only for petitioner no. 1.

4. Heard learned Counsel for the petitioner no. 1, learned Counsel for the informant and learned Additional Public

2/4 Prosecutor for the State.

5. This application, for grant of anticipatory bail, arises out of Jadopur Police Station Case No. 111 of 2025, dated 10.06.2025, disclosing offences punishable under Sections 126(2)/115/118(1)/107/109/3(5) of the Bhartiya Nyaya Sanhita, 2023.

6. The prosecution case, as per the First Information Report, is that on 08.06.2025, at about 11:30 AM, the petitioner no. 1, along with other co-accused persons, reached near the house of the informant and the petitioner no. 1 assaulted the nephew of the informant, Jainendra Sah, by means of sword on his head, eye and chest. The petitioner no. 1 also assaulted the husband of the informant by means of iron rod on his hand, due to which the hand of the informant's husband got fractured.

7. Learned Counsel for the petitioner no. 1 submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that both the parties are agnates and there is land dispute between them. There is case and counter case between the parties inasmuch as Jadopur Police Station Case No. 113 of 2025 has been lodged by the co-accused Suganti Devi against the

3/4 informant and others. He further submits that there is allegation against the petitioner no. 1 that he assaulted Jainendra Sah on his head by sword (a sharp cutting weapon), but the doctor has opined the injury sustained by said Jainendra on his head to be caused by hard and blunt substance. He next submits that the petitioner no. 1 is a student of National Institute of Technology, Patna, and is pursuing B.Tech-M. Tech course.

8. On the other hand, learned Counsel for the informant vehemently opposes the prayer for anticipatory bail and submits that the injuries attributable to the petitioner no. 1 is found to be grievous in nature.

9. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is admitted land dispute between the parties, there is case and counter case between the parties, the victim Jainendra Sah, who has allegedly been assaulted by the petitioner no. 1 on his head by sword, has sustained injury on his head caused by hard and blunt substance and the petitioner is a student of National Institute of Technology, Patna, I am inclined to grant the petitioner no. 1 privilege of anticipatory bail.

4/4 10.This application is, accordingly, allowed.

11. Let the petitioner no. 1, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Gopalganj, in connection with Jadopur Police Station Case No. 111 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √