Deepak Sah @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10533 of 2025 Arising Out of PS. Case No.-293 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Deepak Sah @ Deepak Kumar Son of Lallan Sah Resident of Village- Asarfi Sah Tola, Ward No. 9, P.S.- Turkauliya District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Adv For the Opposite Party/s :

Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. This is the first bail application for grant of anticipatory bail of the petitioner apprehending his arrest in connection with Turkauliya P.S. Case No. 293 of 2024 registered for the offence under Sections 341, 323, 447, 504, 324, 354B, 379, 307/34 of the Indian Penal Code.

3. According to the case of prosecution, it is alleged that on the date of incident, present applicant along with other co-accused persons assaulted the Radhika Devi with the help of Farsa and wooden stick, due to that, she sustained injury on her body. It is further alleged that at that time her daughter and mother-in-law came there to intervene, allegedly they were also

Patna High Court CR. MISC. No.10533 of 2025(4) dt.13-08-2025 2/3 assaulted by the accused person. On the basis of report made by the Radhika Devi, offence has been registered.

4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in the present case due to some previous dispute. He also submits that the incident was of the 14.06.2024 and FIR has been lodged on 18.06.2024 delay of two days for lodging FIR has not been explained. He further submits that other co-accused persons Raja Babu, Shiv Kumar, Shrikant Sah, Muskan Devi have already granted anticipatory bail by the Co-ordinate Bench of this Court vide its order dated 08.01.2025 passed in Cr. Miscellaneous No. 88671 of 2024, and the similar allegation has been made against the present applicant also. Lastly he submits that taking into consideration the injury sustained by the Radhika Devi prima facie no case under section 307/34 IPC is made out. Therefore, on these grounds, it is prayed that the petitioner may be granted benefit of anticipatory bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.

6. Heard.

7. Perused the records and other materials available on record.

Patna High Court CR. MISC. No.10533 of 2025(4) dt.13-08-2025 3/3

8. Considering the submissions made by the counsel for the petitioner and further considering the fact that the general allegations have been made against all the accused persons and other co-accused persons have already been granted of benefit of bail by the Co-ordinate Bench, I am of the view that it is a case where the petitioner should be granted benefit of anticipatory bail.

9. Accordingly, the application is allowed.

10. Let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial-06, East Champaran at Motihari in connection with Turkauliya P.S. Case No. 293 of 2024 subject to the condition as laid down under Section 482 (2) of B.N.S. 2023. (Arvind Singh Chandel , J) krishnakant/- U T