Kumod Kumar Sah @ Ganga Sah @ Gunjan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45620 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- SARSI District- Purnia ====================================================== Kumod Kumar Sah @ Ganga Sah @ Gunjan Sah S/o Late Ramphal Sah @ Rajkal Sah R/o Village- Budhiya, PS- Sarsi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate :

Mr. Bidhu Ranjan, Advocate :

Ms. Diksha Kumari, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP For the Informant :

Mr. Sunil Kumar Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2025 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Sarsi P.S. Case No. 65 of 2025 instituted for the offences under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the elder son of the informant was crushed to death by a tractor driven by the accused petitioner when he tried to stop the illegal ploughing of land.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and

Patna High Court CR. MISC. No.45620 of 2025(2) dt.24-07-2025 2/2 omnibus allegation has been made against the petitioner. Learned counsel further submitted that all of a sudden the deceased fell down from the tractor and unfortunately came under the wheel of the tractor and as a result of which he sustained injuries and later on died. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.04.2025 and has one criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner stating that there is specific allegation against the petitioner that he crushed the deceased by tractor due to which he died.

6. Considering the aforesaid facts and circumstances of the case as also there being direct allegation against the petitioner, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T