Pres Lal Sah @ Presh Lal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38636 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- PALASI District- Araria ====================================================== 1.
Pres Lal Sah @ Presh Lal Sah Son of Late Sugan Lal Sah R/o VillageMaina (Mena) Tala, Ward No 14 , P.S.- Palasi, Distt.- Araria 2.
Golu Kumar Sah @ Krishna Kumar Sah @ Golu Kumar Son of Pres Lal Sah @ Presh Lal Sah R/o Village- Maina (Mena) Tala, Ward No 14 , P.S.- Palasi, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Jha For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with Palasi PS Case No. 96 of 2025 dated 11-03-2025, instituted under Sections 126(2),115(2),109, 303(2), 352, 351(2) and 351(3), and 3(5) of the Bharatiya Nyaya Sanhita 2023.
3. The prosecution case, in short, is that on 11.03.2025 at around 9:00 P.M., during the wedding ceremony of the informant's daughter, petitioner no.2, Golu Kumar Sah, was taking photographs on his mobile phone, which the informant protested. On protest, petitioner no.1, Pres Lal Sah, allegedly came there and started abusing and assaulting her with fists,
Patna High Court CR. MISC. No.38636 of 2025(2) dt.25-06-2025 2/3 lathi, and sword, causing a head injury. It is further alleged that petitioner no.2 snatched a silver chain from the informant's neck, tore her clothes, and outraged her modesty. When the informant's husband tried to intervene, he too was allegedly assaulted by all the accused persons.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. The allegation against petitioner no.2, namely Golu Kumar Sah @ Krishna Kumar Sah @ Golu Kumar, is that while a singing and dancing programme was being played during the informant's daughter's wedding, he was taking photographs on his mobile phone. When the informant objected, petitioner no.1, Pres Lal Sah, who is the father of petitioner no.2, allegedly arrived at the spot, abused the informant, and assaulted her on the head with a sword, causing injuries to both the informant and her husband. It is further submitted that the injury reports of the informant and her husband have been annexed as Annexure P/2 series, in which the doctor has opined that the injuries sustained are simple in nature. Further submission is that the present case has been lodged due to old enmity. The wife of petitioner no.1 has, in fact, filed a case against the informant and others, which has
Patna High Court CR. MISC. No.38636 of 2025(2) dt.25-06-2025 3/3 been registered as Palasi P.S. Case No. 407 of 2025. Lastly, it is submitted that although petitioner no.1 has three criminal cases pending against him, petitioner no.2 has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM Araria, in Palasi PS Case No. 96 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T