Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63667 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- SAUR BAZAR District- Saharsa ====================================================== Sunil Sah, S/O Late Kamleshwari Sah, Resident of Village- Indarwa, P.S.- Saur Bazar, Dist.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-09-2025 Heard Ms. Rashmi Jha, learned counsel for the petitioner and Mr. Humayou Ahmad Khan, learned APP for the State.

2. The petitioner has prayed for bail in connection with Saur Bazar P.S. Case No. 78 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 109, 74, 303(2), 352, 3(5) and Section 103(1) of B.N.S.

3. The case of the prosecution, in short, is that the petitioner is the order giver and on his order other accused persons assaulted the informant and his family members. One Bijendra Poddar, the father of the informant died during course of treatment.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further

Patna High Court CR. MISC. No.63667 of 2025(2) dt.10-09-2025 2/2 been submitted that from perusal of the F.I.R. itself it is clear that the role of this petitioner is only that he has ordered to kill. No overt act has been alleged against him. There is admitted land dispute between the parties. There is also case and counter case between the parties. Petitioner is having no criminal antecedent and he is in judicial custody since 14.07.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that there is allegation that petitioner has ordered to kill and on his order other accused persons have assaulted due to which father of the informant died.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Saharsa in connection with Saur Bazar P.S. Case No.78 of 2025. (Ashok Kumar Pandey, J) lata/- U T