Harishankar Sah @ Harishankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42101 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- MORKAHI District- Khagaria ====================================================== 1.
Harishankar Sah @ Harishankar Kumar S/o- Late Munna Sah VillageBachhauta Ward no- 14 PS- Morkahi District- Khagaria 2.
Golu Kumar S/o- Late Munna Sah Village- Bachhauta Ward no- 14 PSMorkahi District- Khagaria 3.
Nitish Kumar S/o- Late Munna Sah Village- Bachhauta Ward no- 14 PSMorkahi District- Khagaria 4.
Gopal Kumar S/o- Late Bijay Sah Village- Bachhauta Ward no- 14 PSMorkahi District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivekanand Singh, Adv For the Opposite Party/s :
Ms.Nirmala Kumari, APP Mr. Santosh Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-07-2025 1.
Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 329(4), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita.
3.
Learned counsel for the petitioners submits that the petitioner No. 1 has antecedent of one case and petitioner Nos. 2, 3 and 4 are persons with clean antecedent and the informant
Patna High Court CR. MISC. No.42101 of 2025(2) dt.09-07-2025 2/3 alleges that accused persons came and asked the informant why he is not withdrawing the case, on which the informant said that if the money is repaid, the case would be withdrawn, thereafter Nirankar assaulted him by lathi causing injury on head, further when his family members came to save him, they were assaulted by accused persons.
4.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that the specific allegation of assaulting the informant is against Nirankar and as far as these petitioners are concerned, the allegation of assault against them is general and omnibus in nature.
5.
Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that the allegation of assault against the petitioners is general and omnibus in nature. 6.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.42101 of 2025(2) dt.09-07-2025 3/3 anticipatory bail on furnishing bail bonds 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 Morkahi P.S. Case No. 35 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J) Sumit/- U T