Ashok Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70159 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- SAUR BAZAR District- Saharsa ====================================================== Ashok Sah S/o- Upendra Sah R/o- W.No-6, Indarwa Ps- Saur Bazar, DistSaharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. N.K. Agrawal, Sr. Advocate Mr. Amarnath Jha, Advocate Mr. Saroj Kumar Choudhary, Advocate Mr. Kumar Rajdeep, Advocate For the State :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2025 Heard learned senior counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 74, 302(2), 352 and 3(5) of the B.N.S. and later on, Section 103(1) of the B.N.S. was added.
3. As per prosecution case, it is alleged that this petitioner, along with co-accused Randhir Kumar, assaulted wife of informant by means of fist and iron rod.
4. It is submitted by learned senior counsel appearing on behalf of the petitioner that petitioner is quite innocent and
Patna High Court CR. MISC. No.70159 of 2025(2) dt.08-10-2025 2/3 has committed no offence. The present case is counter-blast of Saur Bazar P.S. Case No. 77 of 2025 which was lodged earlier by co-accused Rajkishor Sah against informant and others and in retaliation, this false and concocted case has been lodged. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. The injuries, sustained by the injured, is simple in nature. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties, nature of injuries sustained by the injured and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Saur Bazar P.S. Case No. 78 of 2025, subject to condition
Patna High Court CR. MISC. No.70159 of 2025(2) dt.08-10-2025 3/3 as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T