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Patna High CourtCR. MISC./20137/2026allowed

Anil Sah @ Anil Kumar v. The State Of Bihar

2026-06-24Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20137 of 2026 Arising Out of PS. Case No.-226 Year-2025 Thana- MUSAHARI District- Muzaffarpur ====================================================== Anil Sah @ Anil Kumar S/O Bhola Sah R/O Village- Narauli Sen, P.O.- Binda, P.S.- Musahari, District- Muzaffarpur, Bihar-843119 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Shashi Priya, Advocate Mr. Ritwaj Raman, Advocate Ms. Pankhuri, Advocate Mr. Anand Abhishek, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Mushahari P.S. Case No. 226 of 2025, instituted for the offences punishable under Sections 329(4), 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the B.N.S.

3. As per the prosecution case, on the date of occurrence when the informant along with his wife were on the roof petitioner along with F.I.R. named accused persons said him to take back the case filed against them and their family, otherwise they will be killed. Saying so, petitioner along with other accused persons armed with weapon came at his roof.

Patna High Court CR. MISC. No.20137 of 2026(4) dt.24-06-2026 2/3 Petitioner is alleged to have assaulted the informant on his head causing injury and he fell down on the roof. Co-accused Kundan Kumar assaulted him with Khanti causing hand injury. Coaccused Nitish Kumar and Abhishek Kumar were having a Can full of diesel in their hands and were saying to burn the informant and his family members.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner and informant are agnates and a partition suit is pending between the parties. Earlier also the informant had filed two cases of similar nature against the petitioner in which he is on bail. Injury report does corroborate the allegation made against the petitioner that he has caused injury on the head of the informant. During investigation witnesses have not made any specific allegation against the petitioner. Due to land dispute, proceeding under Section 144 Cr.P.C. was also started between the petitioner and the informant. Informant fell down from the roof on the bricks and sustained injury and taking advantage of the same he has implicated the petitioner and others. He undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.20137 of 2026(4) dt.24-06-2026 3/3 anticipatory bail.

6. Considering the facts and circumstances of the case, submission of learned counsel for the parties and nature of allegation, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East Muzaffarpur in connection with Mushahari P.S. Case No. 226 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T