Mewalal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30565 of 2026 Arising Out of PS. Case No.-11 Year-2026 Thana- BARAULI District- Gopalganj ====================================================== Mewalal Sah Son of Late Motilal Sah Resident of Mohammadpur Old Market, P.S.-Mohammadpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Adv.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 15-07-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing on behalf of informant.

2. The petitioner has preferred this application for grant of regular bail in connection with Barauli P.S. Case No. 11 of 2026 registered for the offences punishable under Sections 126(2), 115(2), 109 and 3(5) of B.N.S.

3. As per the allegations, the present petitioner, along with co-accused Amarnath Sah, came to the doorstep of the informant and assaulted his two sons, namely, Brajkishor Sah and Birendra Sah, by means of lathi and danda, causing serious injuries. It is further alleged that Birendra Sah sustained grievous head injury and was subsequently referred to Gorakhpur for better treatment.

Patna High Court CR. MISC. No.30565 of 2026(3) dt.15-07-2026 2/3

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is a general and omnibus allegation against the present petitioner, along with co-accused Amarnath Sah, of having assaulted the injured sons of the informant. It has further been submitted that there is no allegation of repetition of blow against the petitioner. It has further been submitted while referring to the injury report of the injured Birendra Sah, that he received one lacerated wound over the left temporal region of the skull and the said injury has not been specifically attributed to the petitioner, although the injury is opined to be grievous in nature.

Learned counsel for the petitioner has further submitted that the informant and petitioner are own brothers and there is long standing land dispute between them. It has further been submitted that petitioner has got no criminal antecedent, charges have been framed in this case and petitioner is ready to cooperate in the trial. Lastly, it has been submitted that petitioner is in judicial custody since 05.02.2026 and chargesheet has been filed in this case and there is no allegation of tampering against the petitioner.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of informant have vehemently opposed the

Patna High Court CR. MISC. No.30565 of 2026(3) dt.15-07-2026 3/3 prayer for bail of the petitioner. Learned counsel for the informant has submitted that there is specific allegation of assault against the petitioner and the injured, Birendra Sah has sustained grievous injury on his head.

6. Heard learned counsel for the parties and perused the records.

7. Considering the facts and circumstances of the case as well as the period of custody, let the above named petitioner 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 Judicial Magistrate, First Class, Gopalganj in connection with Barauli P.S. Case No. 11 of 2026.

8. The application stands allowed.

9. The petitioner shall not tamper with the evidence and if any such tampering is done, the appropriate application may be filed by the prosecution/informant for cancellation of his bail bonds.

(Praveen Kumar, J) Ankit Kumar/- U T