Azad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40586 of 2026 Arising Out of PS. Case No.-146 Year-2024 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Azad Sah Son of Jagmohan Sah Resident of Village- Gopalpur, P.S.- Sadar, District- Darbhanga.

2.

Sujeet Sah @ Sujeet Kumar Son of Jagmohan Sah Resident of VillageGopalpur, P.S.- Sadar, District- Darbhanga. 3.

Jagmohan Sah Son of Late Jibachh Sah Resident of Village- Gopalpur, P.S.- Sadar, District- Darbhanga.

4.

Sukhchandra Sah Son of Sikandar Sah Resident of Village- Simrari, Ward No. -5, P.S.- Jainagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Karn For the Opposite Party/s :

Mr.Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-07-2026

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 324, 308, 379 and 506/34 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that there is a land dispute with her younger father in-law, hence on 12.03.2024 at 7.00 A.M. her brother in-law (Nandosi) Ranjit and Pulkit along with Vikash went to the house of

Patna High Court CR. MISC. No.40586 of 2026(2) dt.06-07-2026 2/3 Jagmohan to sort out the dispute, when named accused persons including the petitioners came and Azad assaulted Dipak by lathi causing injury on head, further Ranjit suffered fracture of left hand. It is next alleged that Ajit and Azad dashed Ganga in the courtyard and assaulted her and took away Rs.15,000/-.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that on account of dispute relating to land, the occurrence is alleged to have taken place. It is further submitted that from perusal of the allegations as alleged in the FIR, it would manifest that specific allegation of assaulting Dipak is against Azad, but then, Dipak has suffered simple injury. It is next submitted that no doubt, Ranjit's injury has been opined to be grievous, but then from perusal of the allegations as alleged in the FIR, it would manifest that no specific allegation of assaulting Ranjit is alleged. It is also submitted that petitioners are not criminals and if privilege of anticipatory bail is granted, the petitioners will not abscond rather will cooperate in the investigation to prove their innocence.

5. Learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the

Patna High Court CR. MISC. No.40586 of 2026(2) dt.06-07-2026 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Sadar P. S. Case No.146 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

7. The application stands allowed.

8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioners, despite giving assurance to this Court, are not cooperating in the investigation or are not presenting themself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioners after recording reasons.

9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T