Sagar Pal @ Ram Sagar Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35528 of 2026 Arising Out of PS. Case No.-385 Year-2025 Thana- LADANIA District- Madhubani ====================================================== Sagar Pal @ Ram Sagar Pal S/o Late Rajendra Pal Resident of VillageGajhara, P.S.- Ladaniya, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 21-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection with Ladaniya P.S. Case No. 385 of 2025, for allegedly having committed offences under Sections 127(2), 126(2), 115(2), 117(2), 352, 109 and 3(5) of B.N.S., 2023.
3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant, to the effect that on 22.11.2022, at about 10:00 p.m., while he along with his co-villager, Dhiraj Kumar and relative Amit Kamat was going to his house from Birpur and when they reached near Navtoli Gazhara, all the accused persons, including the petitioner stopped them. One of the accused persons identified Dhiraj Kumar and said that he is a man of Bhola
2/4 Kamat and ordered to kill him. In the meanwhile, Dhiraj Kamat fled from there and all the accused persons assaulted the informant and Amit Kamat with Lathi, iron rod and other weapons, due to which they became unconscious. The allegation is that co-accused, Kishore Pal assaulted the informant with iron rod, due to which his left hand got fractured and he also sustained injuries on his head. The petitioner and others assaulted Amit Kamat, due to which his right hand was fractured and blood started oozing out from the body.
4. The learned counsel for the petitioner submits that the allegations are false and baseless. He further submits that the petitioner and the informant are co-villagers and in 2024, due to illegal demand of extortion, the uncle of the petitioner had lodged Ladaniya P.S. Case No.277 of 2024, and the present case has been lodged by the informant to put pressure upon the uncle of the informant to either compromise or withdraw the said case. He further submits that the doctor found injuries on the head and part of body of the injured Amit Mandal. However, in the First Information Report itself, the allegation against the petitioner is of assaulting Amit Kamat on his right hand. He further submits that the petitioner has got five cases against him under the Excise Act in which he is on bail.
3/4
5. Per Contra, the learned A.P.P. appearing on behalf of the State opposes the prayer for grant of anticipatory bail to the petitioner and submits that the petitioner is habitual offender having five cases of similar nature, i.e., of Excise Act and in the present case, the doctor has found injuries on two persons and the injuries on the injured Amit Mandal @ Amit Kamat is said to have been found on head.
6. Having considered the rival submissions and after going through the records, it appears that in the First Information Report, the allegation against the petitioner is that he along with others assaulted Amit Kamat @ Amit Mandal, due to which his right hand was fractured and apart from the same, nothing has been mentioned in the First Information Report. The doctor has found injuries on the head also, which cannot be attributed to the petitioner. The injuries, if any, are not on the vital part of the body of the injured, Amit Kamat.
7. Taking into consideration the facts aforesaid, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with
4/4 Ladaniya P.S. Case No.385 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S. with a further condition that:- The learned court concerned shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Ritesh Kumar, J.) Sanjay/Kunal U T