Patna High CourtCR. MISC./49786/2025disposed

Shankar Sah v. The State Of Bihar

2025-09-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49786 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- JANKINAGAR District- Purnia ====================================================== 1.

Shankar Sah S/o Yogendra Sah @ Arun Sah @ Yogendra Resident of Village- Sahuria, Ward No 07, P.S.- Janki Nagar, District- Purnea 2.

Yogendra Sah @ Arun Sah @ Yogendra Sa S/o Sugdeo Sah Resident of Village- Sahuria, Ward No 07, P.S.- Janki Nagar, District- Purnea ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2025 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 127(1), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, on the order of petitioner no.2, petitioner no.1 along with two other accused persons assaulted father and mother of the informant causing them grievous injury.

4. It is submitted on behalf of the petitioners that these petitioners are innocent and have falsely been implicated in this case due to ulterior motive. Allegation of assault is general and omnibus and no specific overt act has been alleged

Patna High Court CR. MISC. No.49786 of 2025(3) dt.08-09-2025 2/2 against these petitioners. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for pre-arrest bail.

6. Considering the nature of injuries caused by petitioner no.1, prayer for bail of petitioner no.1 is dismissed.

7. Since there general and omnibus allegation against petitioner no.2, his prayer for bail is allowed. In the event of arrest/surrender within eight weeks from today, let petitioner no. 2 mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in Janki Nagar Police Station Case No. 68 of 2025, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Shashi U T