Dashrath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23363 of 2026 Arising Out of PS. Case No.-1033 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== 1.
Dashrath Sah Son of Late Bindeshwari Sah R/o Vill. - Mohanpur, Ward no.02, P.S - Madlhepura, Dist - Madhepura.
2.
Bilsas Sah Son of Late Bindeshwari Sah R/o Vill. - Mohanpur, Ward no.02, P.S - Madliepura, Dist - Madhepura.
3.
Tejo Kumar @ Tejo @ Ankit kumar Son of Bilash Sah R/o Vill. - Mohanpur, Ward no.02, P.S - Madliepura, Dist - Madhepura. 4.
Jeetendra Kumar Son of Bilash Sah R/o Vill. - Mohanpur, Ward no.02, P.S - Madliepura, Dist - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binita Kumari For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-04-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no.1 submitting that during pendency of this application the petitioner has already been apprehended by the police.
3. Permission is granted.
4. Accordingly, this application with regard to petitioner no.1 is dismissed as withdrawn.
5. Now, this application survives only with regard
Patna High Court CR. MISC. No.23363 of 2026(2) dt.10-04-2026 2/3 to petitioners no.2 to 4.
6. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 115(2), 126(2), 118(1), 109, 303(2) and 3(5) of the B.N.S.
7. The allegation in the First Information Report is that the petitioners along with others have assaulted the informant and her family members.
8. Learned counsel for the petitioners submits that it would be evident from the First Information Report that, as many as, seven persons including the present petitioners were made accused in the FIR on account of a dispute which took place with regard to putting of a tatti on the land. It is further submitted that while there are allegations of assaulting the informant and her sister-in-law by means of iron rod etc., the injury report annexed as Annexure-4 series indicates that both the informant and her sister-in-law have received simple injuries in the nature of laceration. There is case and counter case between the parties.
9. Learned APP for the State has opposed the grant of anticipatory bail on the ground that the petitioners are accused in one more case, however, in response it has been submitted that the said case had also been lodged by the
Patna High Court CR. MISC. No.23363 of 2026(2) dt.10-04-2026 3/3 husband of the present informant on account of land dispute and the petitioners are on bail in the said case.
10. Taking into consideration the facts and circumstances and considering the fact that there is land dispute and there is also case and counter case between the parties, coupled with simple nature of injuries, let the above named petitioners no. 2 to 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Madhepura P.S. Case No. 1033 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482
(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. (Soni Shrivastava, J) anand/- U T