Baidhnath Sah @ Baijnath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53168 of 2025 Arising Out of PS. Case No.-155 Year-2025 Thana- BHORE District- Gopalganj ====================================================== Baidhnath Sah @ Baijnath Sah S/o Late Vindheshwari Sah Resident of Vill.- Piyarauta, P.S.- Bhore, Distt.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Naresh Prasad, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 115(2), 126(2), 117(2), 109, 352, 3(5) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 30.04.2025 at 6:15 AM, all the F.I.R. named accused persons including this petitioner were forcibly trying to take possession over the land of informant. On protest, all the accused persons assaulted informant. Petitioner is alleged to have assaulted on the hand of informant with iron rod.
4. Learned counsel for the petitioner submits that from perusal of the F.I.R. it is apparent that there is land dispute between the parties for which title suit is also pending before the learned court below in which petitioner is defendant. He further
Patna High Court CR. MISC. No.53168 of 2025(2) dt.13-08-2025 2/2 submits that dispute about possession of land led to an occurrence of maar-peet. Case and counter case. Case lodged by the petitioner is earlier in point of time. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering backdrop of the case and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, 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 Sub-Divisional Judicial Magistrate, Gopalganj in connection with Bhore P. S. Case No. 155 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T