Shankar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12724 of 2026 Arising Out of PS. Case No.-312 Year-2025 Thana- TARAIYA District- Saran ====================================================== 1.
Shankar Sah S/o- Late Maheshi Sah Vill -Nandanpur P.s-Taraiya Dist -Saran 2.
Krishna Sah S/o- Late Maheshi Sah Vill -Nandanpur P.s-Taraiya Dist -Saran 3.
Pankaj Sah @ Pankaj Kumar Sah S/o- Shankar Sah Vill -Nandanpur P.sTaraiya Dist -Saran 4.
Guddu Sah @ Guddu Kumar Sah S/o- Suresh Sah @ Jagu Sah Vill -Nandanpur P.s-Taraiya Dist -Saran 5.
Suresh Sah @ Jagu Sah @ Jag Sah S/o- Krishna Sah Vill -Nandanpur P.sTaraiya Dist -Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manaur Alam For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2026
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Taraiya Police Station Case No. 312 of 2025, disclosing offences under Sections 126(2), 115(2), 118(1), 117(2), 118(2), 109, 351(2), 352, 3(5) of the BNS, 2023.
3. As per the prosecution case, on 04.10.2025, while the foundation work of the house of the informant was going on, the petitioners arrived there, started abusing and assaulted the informant and his family members, including the
Patna High Court CR. MISC. No.12724 of 2026(2) dt.25-03-2026 2/3 labourers who were working.
4. Learned counsel for the petitioners submits that the occurrence has taken place on 04.11.2025 and written complaint has been submitted by the informant after 16 days on 20.11.2025 for lodging an FIR. Both the parties are co-sharers having previous land dispute and petitioner nos. 1 and 2 have filed Civil Misc. Case No. 1496 of 2016 for setting aside order dated 25.07.2016 passed by learned court of Munsif-IV, Chapra in Final Decree No. 58 of 2000 by which the learned court has rejected the amendment of plaint for correcting the plot number. In the said civil miscellaneous, a notice has been issued by this Hon'ble Court.
5. Referring to para 8 of the application, learned counsel submits that medical examinations of the injured persons were done on 05.11.2025 and from the opinion of the doctor, it transpires that the X-ray report of the injured persons were not submitted and accordingly, opinion of the doctor is reserved.
6. A counter case has been lodged by the side of the petitioners against the informant and others bearing Taraiya PS Case No. 324 of 2025. The petitioner nos. 1 and 2 are 62 years and 75 years old and there is general and omnibus allegation
Patna High Court CR. MISC. No.12724 of 2026(2) dt.25-03-2026 3/3 against the six accused persons.
7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-sharers having land dispute, case and counter cases are there, no apparent serious injury has been brought on record by the prosecution and there is a delay in lodging the FIR, I am inclined to grant the petitioners privilege of anticipatory bail.
8. This application is, accordingly, allowed.
9. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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-13, Saran, Chapra, in connection with Taraiya Police Station Case No. 312 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T