Rakesh Sah @ Rakesh Sah Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13104 of 2026 Arising Out of PS. Case No.-271 Year-2025 Thana- PATKHAULI District- West Champaran ====================================================== Rakesh Sah @ Rakesh Sah Gond, S/o Shyam Sah Gond, R/o VillageMangalpur, Ausani, Police Station- Pathkhauli, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection with Pathkhauli P.S. Case No. 271 of 2025 registered for the offences punishable under sections 191(2), 190, 115(2), 118(1), 109(1), 303(2) and 351(2) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that on 31.10.2025, a dispute arose in between both the parties on account of blocking of a road, resulting in marpit in between them and thereafter both the parties agreed not to file any case against each other and remained silent, however, after 8 days, the informant of the present matter proceeded to lodge the FIR bearing Pathkhauli P.S. Case No. 271/2025, alleging injuries to the injured persons as detailed in the FIR but the allegations levelled by him in the FIR are totally false. Further, on the bodies of the injured persons, no any serious injury was found and all their injuries were opined to be simple in nature. It is further
Patna High Court CR. MISC. No.13104 of 2026(2) dt.26-02-2026 2/2 submitted that both the parties are co-villagers and next-door neighbours and there is case and counter case in between them.
4. Learned APP for the State has opposed the prayer of the petitioner.
5. In the facts and circumstances of this case, considering the aforesaid submissions, the pleas taken by the petitioner in this petition, coupled with the nature of injuries of the injured persons as stated above and mainly the delay of 8 days on the part of the informant in lodging the FIR with regard to the alleged occurrence, in my opinion, it is a fit case to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Pathkhauli P.S. Case No. 271 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS. (Shailendra Singh, J) annu/- U T