Ajneshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44545 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- BANGAWON District- Saharsa ====================================================== Ajneshwar Sah S/o Palatu Sah Resident Of Village- Balaha Dih, Ward No. 04, PS- Bangawn, District- Saharsa (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Anand, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP For the Informant :

Mr. Pramod Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Bangaon P.S. Case No. 46 of 2025 instituted for the offences under Sections 329(3), 126(2), 115(2), 118(I), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, on 24.03.2025, the accused Rabindra Kumar assaulted the informant's wife with farsa on the instigation of Ajneshwar, due to which she sustained injuries.

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 omnibus allegation has been made against the petitioner. No

Patna High Court CR. MISC. No.44545 of 2025(3) dt.21-07-2025 2/2 specific overt act is alleged against the petitioner. The specific allegation of assault is against co-accused. The petitioner is only the order giver. Learned counsel further submitted that the injuries sustained by the injured are grievous in nature. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.03.2025 and has no 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.

6. Considering the aforesaid facts and circumstances of the case, there being no specific allegation of assault against the petitioner as also the period of custody undergone by him, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bangaon P.S. Case No. 46 of 2025.

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