Ram Prakash Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15309 of 2025 Arising Out of PS. Case No.-423 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Jaiprakash Sah Son of Sarabdeo Sah Village- Nanaura,m P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15593 of 2025 Arising Out of PS. Case No.-423 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Ram Prakash Sah S/O Sarabdeo Sah R/O Village- Nanaura, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 15309 of 2025) For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 15593 of 2025) For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 11-04-2025 Both Cr. Misc. applications have arisen out of the same occurrence and as such they have been heard together and are being disposed of by passing this common order.
2. Heard learned counsel for the petitioner and learned APP for the State.
3. The petitioners have preferred this application for grant of regular bail in connection with Ghorasahan P.S. Case No. 423 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 303(2), 324(2),
Patna High Court CR. MISC. No.15309 of 2025(2) dt.11-04-2025 2/3 76, 352, 351(2), 79 and 3(5) of the B.N.S. 2023.
4. As per the prosecution story, the informant has alleged that on 22.10.2024, at about 03:30 P.M. when she was in her field, the petitioner- Jaiprakash Sah came there and started abusing her, when she opposed the petitioner went away. After some time, the petitioner along with other co-accused persons armed variously came there and started abusing her. Suddenly, the petitioner has assaulted the informant by means of iron rod on her head due to which blood started ouzing out from her head. One Sundar Kali Devi has assaulted her by means of brick which hit on her eye and one Suman Sah assaulted her by means of Lathi on his right arm due to which her arm got swollen. It is also alleged that one Mukesh Sah snatched Mangalsutra of the informant and when her husband came there for her rescue they also assaulted him by means of iron rod and further petitioner tried to outrage her modesty and snatched a Hanumani from the neck of informant's husband worth Rs. 25,000/-. Petitioners are in custody since 29.10.2024.
5. Learned counsel for the petitioners submits that the petitioner is innocent and have not committed any offence and have falsely been implicated in this case due to land dispute. There is inordinate delay in lodging the F.I.R. as the occurrence
Patna High Court CR. MISC. No.15309 of 2025(2) dt.11-04-2025 3/3 is alleged to be held on 22.10.2024 but the F.I.R. has been lodged on 28.10.2024 after six days. Both the parties are copattidar and there is admitted land dispute between the parties. There is counter version to the alleged occurrence also which is Ghorasahan P.S. Case No. 424 of 2024 lodged by the petitioner in which the petitioner side also sustained injury.
6. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
7. From perusal of F.I.R., it clearly transpires that there is general and omnibus allegation against the petitioner. Both parties belong to same family and there is admitted land dispute between them. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-3, Sikarahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 423 of 2024. (S. B. Pd. Singh, J) Ankit Kumar/- U T