Bachcha Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65881 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- SANICHARI District- West Champaran ====================================================== 1 .
Bachcha Sah S/o Devnath Sah Resident of village- Pakadihar, P.O.- Bahuarwa, P.S.- Sanichari, district- West Champaran, Bihar 2.
Sita Devi W/o Jay Kumar Prasad Resident of village- Pakadihar, P.O.- Bahuarwa, P.S.- Sanichari, district- West Champaran, Bihar 3 .
Vikash Kumar @ Vikash Kumar Gupta S/o Jay Kumar Prasad Resident of village- Pakadihar, P.O.- Bahuarwa, P.S.- Sanichari, district- West Champaran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Mohan, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit , APP For informant :
Mr. Ram Kishan Prasad , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 109 (1) , 352, 303 ( 2 ), 103 and 3 (5) of BNS. 3 . As per F.I.R. informant namely, Bindhyanchal Sah alleged that all the named accused persons including these petitioners armed variously came and abused the informant. Upon objection , accused persons assaulted informant and his family members. In course of assault, co-accused Jai Kumar Sah assaulted on the head of son of informant by means of iron rod
Patna High Court CR. MISC. No.65881 of 2025(5) dt.18-12-2025 2/3 as a result of which , later on he died. It is further alleged that petitioner No. 1 took Rs. 2 lacs from informant's house .
4. It is submitted on behalf of the petitioners that on account of land dispute , a free fight took place between both the parties in which both sides sustained injuries. Case and counter case . Specific accusation of assault on the head of the deceased is against co-accused Jai Kumar Sah . Allegation is general and omnibus against these petitioners. No specific overt act is alleged against them. In the Postmortem, doctor has found only 3 injuries on the body of the deceased. Rest of the allegation is ornamental in nature to make the case grave . Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail petition .
6 Considering the aforesaid facts, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned JM Bettiah West Champaran in connection with Sanichari P.S. Case No. 69 of 2025 , subject to the conditions laid down under
Patna High Court CR. MISC. No.65881 of 2025(5) dt.18-12-2025 3/3 section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T