← Library
Patna High CourtCR. MISC./64485/2025bail granted

Mintu Sah v. The State Of Bihar

2025-12-16Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64485 of 2025 Arising Out of PS. Case No.-99 Year-2025 Thana- CHAKIA District- East Champaran ====================================================== Mintu Sah S/O Late Paras Sah, R/o Vill.- Bara Bisaha, P.S.- Chakiya, DistrictEast Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Chakiya P.S. Case No. 99 of 2025 dated 11.03.2025, registered for the offences punishable under Sections 126(2), 118(1), 109, 76, 303(2), 351(2) and 352 read with Section 3(5) of the B.N.S., 2023.

3. As per the prosecution case, petitioner and other co-accused persons came to the doors of the informant and abused him. Thereafter, they assaulted him with intention to cause his death. This petitioner gave a knife blow on the head of the informant who fell down. Another co-accused assaulted him with lathi. The other family members were also assaulted.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in

Patna High Court CR. MISC. No.64485 of 2025(3) dt.16-12-2025 2/3 the present case. The injury report of the victim shows a lacerated wound of size 4cm x 2cm x skin deep over left temporal region of scalp and it falsifies the allegation of knife blow by the petitioner. The FIR has been lodged after delay of four days for which there is no explanation. Learned counsel next submits that petitioner is having antecedent of one case in which he is on bail. Learned counsel lastly submits that petitioner is in custody since 17.05.2025 and chargesheet has been submitted.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation and also considering the period of custody of petitioner and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran / concerned Court, in connection with Chakiya P.S. Case No. 99 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

Patna High Court CR. MISC. No.64485 of 2025(3) dt.16-12-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Shahnawaz/- U T