Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59593 of 2025 Arising Out of PS. Case No.-84 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Ashok Sah S/O Late Ram Shankar Sah R/O Village- Hilalpur, P.S- Industrial Area, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Industrial Area P.S. Case No. 84 of 2024 instituted for the offences under Sections 341, 323, 324, 307, 447, 354B, 379, 504, 506, 34 of the Indian Penal Code. Earlier vide order dated 28-02-2025, passed in Cr. Misc. No. 14036 of 2025, anticipatory bail of the petitioner was rejected by this Court. 3.

Prosecution case, in short, is that, the accused persons including the petitioner brutally assaulted the informant and her son due to which they sustained injuries. 4.

Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.59593 of 2025(2) dt.27-08-2025 2/3 present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. He further submitted that the only specific allegation against the petitioner is that he assaulted the informant on her head using farsa but as per the injury report of the informant, she sustained simple injuries caused by hard and blunt substance, which falsifies the allegation as levelled in the FIR. He further submitted that petitioner and informant are neighbours and there is admitted land dispute between the parties. It has been submitted on behalf of the petitioner that the petitioner has three criminal antecedents and he is in custody since 03-07-2025. The co-accused person has already been granted regular bail by this Court vide order dated 05.10.2024 passed in Cr. Misc. No. 71115 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like

Patna High Court CR. MISC. No.59593 of 2025(2) dt.27-08-2025 3/3 amount each to the satisfaction of Court below/concerned Court in connection with Industrial Area P.S. Case No. 84 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T