Nathuni Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10647 of 2026 Arising Out of PS. Case No.-808 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== 1.

Nathuni Sah Son of Late Sahthu Sah Resident of village - Upharaul, P.S.- Vaishali, District - Vaishali 2.

Deepak Sah @ Deepak Sha Son of Nathuni Sah Resident of village - Upharaul, P.S.- Vaishali, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 115(2), 126(2), 109(1), 303(2), 74, 191(2), 190, 352 and 329(4) of BNS.

3. The case of the prosecution is that the petitioners being armed with weapon arrived at the door of the informant. It is alleged that one Ragini assaulted with brick on the head of the informant. When her husband came to rescue, petitioner no. 1 assaulted with iron pipe and regarding petitioner no. 2, it is alleged that he has assaulted the husband of the informant with knife on head.

Patna High Court CR. MISC. No.10647 of 2026(2) dt.24-02-2026 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that from perusal of the injury report of the informant's husband, it transpires that he has received following injuries :- (i) lacerated wound over left parietal region (ii) lacerated wound over right parietal region (iii) lacerated wound over occipital region and (iv) pain and swelling over back 2cm x 2cm. Learned counsel has submitted that as far as allegation against petitioner no. 1 is concerned, it is alleged that he has assaulted with iron pipe on head of the informant's husband and there is no repetition of blow. As far as petitioner no.

2 is concerned, it is alleged that he has assaulted with knife but from perusal of the injury report, it is clear that the husband of the informant has only received lacerated wounds and even the doctor has opined the nature of injury to be grievous caused by hard and blunt object. He has further submitted that the injury report and allegation do not correlate with each other. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 21.11.2025.

5. Learned APP appearing for the state has opposed

Patna High Court CR. MISC. No.10647 of 2026(2) dt.24-02-2026 3/3 the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Vaishali P.S. Case No. 808 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali.

(Ashok Kumar Pandey, J) shubham/- U T