Mukesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38661 of 2025 Arising Out of PS. Case No.-146 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1.

Mukesh Sah S/o Sukat Sah @ Bali Ram Sah Resident of vill- Dharampur, P.S.- Sugauli, Distt.- East Champaran 2.

Sukat Sah @ Bali Ram Sah S/o Late Nakchhed Sah Resident of villDharampur, P.S.- Sugauli, Distt.- East Champaran 3.

Amar Sah @ Amar Kumar S/o Bunilal Sah Resident of vill- Dharampur, P.S.- Sugauli, Distt.- East Champaran 4.

Mohan Sah S/o Late Ganesh Sah Resident of vill- Dharampur, P.S.- Sugauli, Distt.- East Champaran 5.

Darshan Sah S/o Late Bigu Sah Resident of vill- Dharampur, P.S.- Sugauli, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Sugauli P.S. Case No. 146 of 2024 dated 30.03.2024 instituted for the offence punishable under Sections 341, 323, 324, 325, 307, 447, 354, 379, 504, 506 of the Indian Penal Code.

3. The prosecution case, in short, is that on 29.03.2024 at about 07:00 am, all the F.I.R. named accused persons abused and assaulted the informant and her family

Patna High Court CR. MISC. No.38661 of 2025(2) dt.25-06-2025 2/3 members resultantly, they got badly injured. It is further alleged that the accused persons also snatched jewellery from the informant and her sister-in-law.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that both the sides are agnates. There is a case and counter case between the parties. Counter case has been lodged by the wife of petitioner no. 4 against the informant and her family members under Sections 341, 323, 324, 307, 447, 354, 379, 504, 506 of the I.P.C. It is further submitted that all the injuries sustained by the injured persons seem to be simple in nature. It is next submitted that there is land dispute between the parties due to which this false and concocted case has been lodged against the petitioners. It is further stated that the matter has been settled between the parties outside the Court. Lastly, it has been submitted that the petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of

Patna High Court CR. MISC. No.38661 of 2025(2) dt.25-06-2025 3/3 six weeks from today, in connection with Sugauli P.S. Case No. 146 of 2024, they shall be released on anticipatory 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 court of C.J.M., East Champaran, Motihari, subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) Sankalp/- U T