Guddu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39209 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Guddu Sah S/o Vinod Sah 2.

Raja Sah @ Raja Kumar Sah S/o Punjabi Sah Both are R/o Village-Astipur Lalachak, P.S.- Hajipur Sadar, District-Vaishali ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Anuj Kumar, Advocate For the Opposite Party :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-07-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Hajipur Sadar P.S. Case No. 103 of 2025 instituted for the offence under Sections 329(3), 352, 351(2), 126(2), 115(2), 110, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The case of the prosecution is that the petitioners along with others arrived at the door of the informant and started abusing her. It is alleged that Guddu Sah (petitioner no.

01) assaulted with lathi with an intention to kill which hit o nthe cheek of the informant due to which she fell down. It is further

Patna High Court CR. MISC. No.39209 of 2025(2) dt.01-07-2025 2/3 alleged that when she fell down, all the accused persons assaulted her with slaps and fists.

4. Learned counsel appearing on behalf of the petitioners has submitted that by Annexure-2 it will go to shows that the informant has received two injuries on cheek which is in nature of diffused swelling and laceration. Learned counsel for the petitioners has further submitted that from perusal of the FIR it is clear that specific allegation is against Guddu Sah that he has assaulted with lathi on the cheek of the informant. Further allegation is that all the accused persons assaulted the informant with slaps and fists. There is no specific allegation. The nature of allegation due to which this fracture seems to have been caused is general and omnibus. Petitioner no.1 is having criminal antecedent of one case whereas petitioner no.2 is having clean antecedent.

5. In contra, learned APP appearing for the State and learned counsel for the informant have opposed the prayer for bail of the petitioners. Learned counsel for the informant has submitted that the supplementary report suggests that the informant has received grievous injury and there was fracture of the shaft of left 6th rib.

6. Having heard learned counsel for the parties and in

Patna High Court CR. MISC. No.39209 of 2025(2) dt.01-07-2025 3/3 the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are 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 Hajipur Sadar P.S. Case no. 103 of 2025, 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 Chief Judicial Magistrate, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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