Guddu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48285 of 2025 Arising Out of PS. Case No.-184 Year-2025 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.
Guddu Sah S/O Anwat Sah Resident of Village - Kuchaikote, P.s. - Kuchaikote, District - Gopalganj 2.
Birendra Sah S/O Anwat Sah Resident of Village - Kuchaikote, P.s. - Kuchaikote, District - Gopalganj 3.
Chhotu Sah S/O Tuntun Sah Resident of Village - Kuchaikote, P.s. - Kuchaikote, District - Gopalganj 4.
Munna Sah @ Dipak Sah S/O Hira Sah Resident of Village - Kuchaikote, P.s. - Kuchaikote, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Ranjan, Adv.
For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-09-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115 (2), 118 (1), 109 (1), 303 (2), 352, 351 (2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 10.05.2025 at about 9:00 A.M., when he was going to Kuchaikote Market for purchasing articles for his son's
Patna High Court CR. MISC. No.48285 of 2025(3) dt.17-09-2025 2/3 marriage and when he reached Sipaya Railway station, when petitioner no.1 and 2 came there and asked why he has instituted a case u/s 144 Cr.P.C. with respect to their land and thereafter, petitioner no.1 and 2 started assaulting him. Thereafter, petitioner no.4 assaulted the informant with an iron rod causing injury on head. Further petitioner no.2 also assaulted the informant with lathi on his back and petitioner no.2 and 3 snatched informant's bag carrying ornaments. Learned counsel for the petitioners submits that anticipatory bail application with respect to petitioner no.2 was earlier withdrawn by an order dated 15.07.2025.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant and informant and petitioners are agnates and there is land dispute between them. It is also submitted that from the side of the petitioner Kuchaikote P.S. Case N.185 of 2025 has been instituted against the side of the informant and others. It is next submitted that father of petitioner no.3 namely Tuntun Sah was assaulted by the side of the informant and he received grievous injury which also stand recorded in the order impugned and there is a delay of one day in instituting the instant F.I.R. It is also submitted that though petitioner no.3 is alleged to have
Patna High Court CR. MISC. No.48285 of 2025(3) dt.17-09-2025 3/3 assaulted the informant with lathi on his back but then the assault was made on non-vital part of the body.
5. Learned A.P.P. for the State opposes the anticipatory bail application.
6. Considering the submissions made on behalf of the petitioners, the petitioner no.1, 3 and 4, 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 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 Kuchaikote P.S. Case No. 184 of 2025, subject to the conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) pallavi/- U T