Bagar Sah @ Meghnath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35472 of 2025 Arising Out of PS. Case No.-280 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== 1.
Bagar Sah @ Meghnath Sah S/o- Pancho Sah Village- Dharampur Tola Belwa W.No-1, Ps- kalyanpur Dist- East Champaran 2.
Munna Sah @ Munna Kumar S/o- Bhanu Sah Village- Dharampur Tola Belwa W.No-1, Ps- kalyanpur Dist- East Champaran 3.
Chhathu Sah S/o- Dayal Sah Village- Dharampur Tola Belwa W.No-1, Pskalyanpur Dist- East Champaran ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Pawan Kumar, Advocate For the State :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Kalyanpur PS. Case No.-280 of 2023, dated 11.08.2023 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 354, 379, 504, 506 of the Indian Penal Code.
3. As per allegation, the informant has been assaulted by the petitioners and as per the injury report of the informant, he has suffered simple injury on his person.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.35472 of 2025(2) dt.18-06-2025 2/3 Petitioners are innocent and have falsely been implicated in this case. As a matter of fact, the Petitioners and the informant are agnates and there was property dispute in which altercation took place, causing simple injury on both sides leading to filing of case and counter case. The counter case filed by the petitioners is Kalyanpur P.S. Case No. 281 of 2023.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the simple nature of injury and case and counter case, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Kalyanpur PS. Case No.-280 of 2023,
Patna High Court CR. MISC. No.35472 of 2025(2) dt.18-06-2025 3/3 subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) Chandan/- U T