Krishna Sah @ Krishna Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49434 of 2026 Arising Out of PS. Case No.-72 Year-2026 Thana- RAMGARHWA District- East Champaran ====================================================== 1.
Krishna Sah @ Krishna Kumar Sah S/o Tulasi Sah R/o Village - Murala, P.S - Ramgarhawa, District - East Champaran 2.
Dharmendra Sah S/o Late Chanar Sah R/o Village - Murala, P.S - Ramgarhawa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 22-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in a case instituted for the offence punishable under Sections 191(2), 191(3), 190, 195, 222, 285, 109(1), 324(4), 132, 121(1) of Bharatiya Nyaya Sanhita.
3. The prosecution case, in brief, is that a scuffle took place between police driver/sepoy - Vishal Kumar and certain fish vendors at Machhali Hatta near
2/4 Ramgarhwa Bazar. It is alleged that thereafter an unruly mob, led by co-accused Manoj Kumar Pandey, created a disturbance and blocked the road. When the police personnel attempted to intervene, the mob allegedly attacked the police party by pelting stones and bricks. It is further alleged that a mob of about 100-150 persons, under the leadership of co-accused Manoj Kumar Pandey, set fire at the place of occurrence and obstructed the State Highway. When the police tried to pacify the situation, the mob allegedly attempted to vandalize vehicles. The involvement of the petitioners and other co-accused persons is stated to have been identified by villagers and the local Chowkidar.
4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have committed no offence. It is contended that they have been falsely implicated in the present case with an ulterior motive on the part of the police personnel. Learned counsel further submits that no specific overt
3/4 act has been attributed to the petitioners rather the allegations levelled against them are general, vague and omnibus in nature. It is also submitted that neither the petitioners were apprehended on the spot nor any incriminating article has been recovered from their conscious possession. Name of the petitioners surfaced in the case only on the basis of the statements of the local Chowkidar and villagers. A statement has been made in paragraph 3 of the petition that the petitioners have clean antecedents. It is further submitted that similarly situated several co-accused persons have already been granted bail vide order dated 09.07.2026 passed in Cr. Misc. No. 43354 of 2026 by a co-ordinate Bench of this Court.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on
4/4 bail. The petitioners are directed to surrender in the Court below within a period of four weeks from the date of receipt/production of this order and in the event of their arrest or surrender in connection with Ramgarhwa P.S. Case no. 72 of 2026, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul at Motihari, subject to the conditions as laid down under section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS).
(S. B. Pd. Singh, J) Nirajkrs/- U T