Subash Sah @ Subash Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51418 of 2026 Arising Out of PS. Case No.-297 Year-2026 Thana- MIRGANJ District- Gopalganj ====================================================== 1.
Subash Sah @ Subash Prasad S/o Late Gudari Sah Resident of VillageHathua Mor, P.S.- Mirganj, Dist.- Gopalganj 2.
Yuvraj Kumar S/o Janak Sah Resident of Village- Manikpur, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2026 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners who apprehend arrest in connection with Mirganj P.S. Case No. 297 of 2026 lodged on 01.06.2026, for the offences punishable under sections 126(2), 115(2), 117(2), 109, 303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the FIR has been lodged against five named and nine unknown accused persons. It is alleged that when the informant objected to the accused persons making a hole in the wall, the petitioners assaulted the informant, causing injuries.
Patna High Court CR. MISC. No.51418 of 2026(2) dt.29-07-2026 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It is further submitted that the petitioners have clean antecedents. There is a case and counter-case arising out of the same date and place of occurrence. The petitioners are businessmen running their respective shops near the informant's V-Bazar Mall. The allegation that the petitioners were making a hole in the wall of the informant's premises is stated to be wholly false and fabricated.
5. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the FIR contains specific allegations against the petitioners, and their respective roles have been clearly attributed. It is further submitted that although the petitioners have taken the oral defence that the mall had been leased to another person, they have failed to produce any documentary evidence in support of the said contention. It is also submitted that it is true that a criminal case has been lodged from the petitioners' side, whereas the present case instituted by the informant, namely Mirganj P.S. Case No. 304 of 2026, was lodged one day thereafter.
6. Learned APP for the State also vehemently opposes the prayer for bail, submitting that specific allegations have
Patna High Court CR. MISC. No.51418 of 2026(2) dt.29-07-2026 3/3 been made against the petitioners and that there exists a case and counter-case between the parties.
7. In this background, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners in connection with Mirganj P.S. Case No. 297 of 2026, pending before the learned CJM, Gopalganj is hereby rejected.
(Dr. Anshuman, J) Ashwini/- U T