Ganesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13485 of 2026 Arising Out of PS. Case No.-291 Year-2025 Thana- AANDAR District- Siwan ====================================================== Ganesh Sah Son of Indrashan Sah Resident of Village- Firozpur, P.S.- Ander, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Irshad Ahmad Khan, Adv.
For the Opposite Party/s :
Mr. Choubey Jawahar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2026 Heard Mr. Irshad Ahmad Khan learned counsel for the petitioner and Choubey Jawahar, Learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Ander P.S. Case No 291 of 2025 registered for the offence under Sections 126(2), 115(2), 118(1), 110, 352, 3(5) of B.N.S, lodged on 01.10.2025 by the informant, Amarnath Sah.
3. As per the prosecution story, the allegation is that the main accused including Dhanesh Sah and Ganesh Sah resorted to assault to the informant, his wife and also family members causing injuries. This led to the F.I.R.
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4. In this case, the Coordinate Bench had called for the case dairy according to which while the injury on the informant is simple in nature, those on the wife has been found to be grievous.
5. Learned counsel for the petitioner submits that a perusal of the F.I.R. would show that specific allegation of assault on the wife has been attributed to Dhanesh Sah and only omnibus allegation of assault on this petitioner and he do not have criminal antecedent.
6. Learned APP though opposes the prayer for concede that main allegation is against the Dhanesh Sah.
7. Taking into account the aforesaid facts as also allegation mainly is against Dhanesh Sah and injury inflicted by him to the wife of the informant has been found to be grievous in nature, omnibus allegation is there against this petitioner and the assault on wife is not against him, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan in
3/4 connection with Ander P.S. Case No. 291 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) munindra/- U T