Mahesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39134 of 2026 Arising Out of PS. Case No.-480 Year-2017 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Mahesh Sah Son of Ram Chandra Sah Resident of village - Pathara Khirma, P.S.- Keoti, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sadanand Roy, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Darbhanga Sadar P.S. Case No. 480 of 2017 registered for the offences punishable under Sections 341, 323, 504, 506, 379, 307, 304/34 of the Indian Penal Code.

3. The allegation against the petitioner is to assault the informant along with other co-accused persons, repeatedly by using butt of the pistol, causing grievous head injury and also alleged to snatch Rs. 32,000/- and one golden chain.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.39134 of 2026(2) dt.18-06-2026 2/3 petitioner submitted that after investigation, police submitted charge-sheet against above-named petitioner for the offence punishable under section 323/504 of the I.P.C.

5. It is submitted that no offence, as alleged under section 307 IPC, was made out during investigation and same can also be gathered from the face of FIR as having pistol in the hand, no allegation of firing was made, which negate intention to cause death on its face.

6. Explaining criminal antecedent, it is submitted that petitioner found involved in one more criminal case, in which he is on bail.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8. In view of the aforesaid factual submissions and by taking note of the fact as police after investigation submitted charge-sheet against the petitioner only for the offence punishable under section 323/504 of the I.P.C., accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties

Patna High Court CR. MISC. No.39134 of 2026(2) dt.18-06-2026 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga/ concerned court in connection with Darbhanga Sadar P.S. Case No. 480 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T