Krishna Sah @ Krishna Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35954 of 2025 Arising Out of PS. Case No.-357 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== 1.

Krishna Sah @ Krishna Prasad Gupta Son of Nakchhed Sah @ Nathuni Prasad Resident of village-Mangalpur Kala, Police Station-Nautan, DistrictWest Champaran. 2.

Aditya Kumar Son of Krishna Sah @ Krishna Prasad Gupta Resident of village- Mangalpur Kala, Police Station- Nautan, District- West Champaran. 3.

Yogi Sah Son of late Jagarnath Sah @ Jagannath Sah Resident of villageBudhwaliya, Police Station- Nautan, District- West Champaran. 4.

Krishna Sah Son of late Mangani Sah Resident of village- Budhwaliya, Police Station- Nautan, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Informant :

Mr. Bimlesh Kumar Pandey, Advocate Mr. Vikash Kumar Shukla, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-06-2025 Heard Mr. Brij Kishor Mishra, learned counsel for the petitioners; Mr. Bimlesh Kumar Pandey, learned counsel for the informant and Ms. Madhuri Lata, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nautan P.S. Case No. 357 of 2024 instituted for the offence under Sections 109, 74, 115(2), 118(1), 194(2), 148(3) of the Bharatiya Nyaya Sanhita, 2023.

3. The case of the prosecution is that the petitioners have

Patna High Court CR. MISC. No.35954 of 2025(2) dt.20-06-2025 2/3 assaulted the informant and others due to land dispute.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. He also submits that the nature of injury is simple. It has also been submitted that this case is based on complaint and from perusal of the complaint, it will transpire that the occurrence is of 29.08.2024 whereas the complaint was filed on 23.09.2024 which was sent for registration under Section 156 sub Clause-3 of the Cr.P.C. corresponding to Section 175 of the BNSS, 2023. He also submits that this complaint is counterblast of the case which was filed by Chanda Devi in which her husband was killed. It is further submitted that a statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners. Learned counsel for the informant is present and he has also admitted that the nature of injury is simple.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are

Patna High Court CR. MISC. No.35954 of 2025(2) dt.20-06-2025 3/3 directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nautan P.S. Case No. 357 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T