Asharfi Sah @ Asharafi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54697 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- RAMNAGAR District- West Champaran ====================================================== Asharfi Sah @ Asharafi Sah S/o- Rajendra Sah Resident of Village - Bilashpur, Post office and Police Station- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Kumar Dwivedy, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2025

1. Heard learned counsel for the petitioner and Ms. Sangeeta Sharma, learned A.P.P. for the State.

2. The petitioners apprehends his arrest in a case registered for the offences punishable under Sections 329(3), 126(2), 115(2), 109(1), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that the petitioner assaulted him with an iron rod, causing head injury, further when Sipahi Sah came to rescue him, the petitioner assaulted him by rod causing injury on head and on intervention of villagers, Sipahi Sah was rescued and was sent to P.H.C., Ramnagar from where he was referred to G.M.C.H.,

Patna High Court CR. MISC. No.54697 of 2025(3) dt.01-09-2025 2/3 Bettiah.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the informant along with others had acted inappropriately with the petitioner's daughter, leading to an altercation in which both sides assaulted each other. It is also submitted that even injury suffered by the injured has been opined to be simple in nature which amply demonstrates that the petitioner never intended to cause any serious crime.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his 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) 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 Ram Nagar P.S. Case No. 46 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.54697 of 2025(3) dt.01-09-2025 3/3

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Neha/- U T