Naresh Shah @ Bhutai Sah @ Bhutai Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54935 of 2025 Arising Out of PS. Case No.-198 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== Naresh Shah @ Bhutai Sah @ Bhutai Shah son of Late Shohan Sah VillageNaulakhi Rahi Tola, PS -Janki Nagar, Distt -Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Bijendra Kumar Singh, Mr. Kumar Rajdeep, Advocates For the Opposite Party/s :
Md. Aslam Ansari, A.P.P.
For the Informant :
Mr. Ajit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-11-2025 Heard learned counsel for the petitioner, informant and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with S.T. Case No. 144 of 2025 arising out of Jankinagar P. S. Case No. 198/2024 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504, 506, 120(B) of the Indian Penal Code.
3. As per the prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including this petitioner, assaulted father of the informant by means of rods, sticks, hammer, spear and firearms. It is further alleged that the assault was carried out at instigation and under
Patna High Court CR. MISC. No.54935 of 2025(3) dt.03-11-2025 2/3 command of co-accused Jagdish Sah and Pinki Devi and thereafter, this petitioner and Aditya Kumar gave multiple blow on the head of the father of informant with rod and sticks as a result of which, he died during course of treatment.
4. Learned counsel for the petitioner submits that on account of land dispute between the parties, a free fight took place in which both sides sustained injuries. Case and counter case. As per F.I.R., this petitioner along with co-accused Aditya Kumar are alleged to have assaulted father of the informant with rod and sticks however, as per post-mortem report, doctor has found only one injury on the person of the deceased which itself falsifies the entire prosecution story. Petitioner claims clean antecedent and is in custody since 28.01.2025.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposes the bail application.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-XI, Purnea in connection with S.T. Case No. 144 of
Patna High Court CR. MISC. No.54935 of 2025(3) dt.03-11-2025 3/3 2025 / CIS No. 144 of 2025 arising out of Jankinagar P. S. Case No. 198/2024.
(Prabhat Kumar Singh, J) Navya/- U T