Hiralal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66002 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- SRINAGAR District- West Champaran ====================================================== 1.

Hiralal Sah Son of Late Dukhi Sah R/o Village - Bagahi Baghambarpur ward no. 03,Police station - Srinagar, District - West Champaran. 2.

Rohit Kumar @ Rohit Sah Son of Hiralal Sah @ Harilal Sah R/o Village - Bagahi Baghambarpur ward no. 03, Police station - Srinagar, District - West Champaran.

3.

Bablu Kumar @ Bablu Sah Son of Hiralal Sah @ Harilal Sah R/o Village - Bagahi Baghambarpur ward no. 03,Police station - Srinagar, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. Prosecution case, in brief, is that on 24.03.2025 at 6 AM, petitioner no. 1 assaulted on the right hand of informant with iron rod, petitioner no. 2 assaulted on his head with iron rod and petitioner no. 3 inflicted lathi blow at the back of informant.

Patna High Court CR. MISC. No.66002 of 2025(2) dt.22-09-2025 2/3

4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have committed no offence. Though there is allegation of assault but injuries, allegedly, caused by petitioner nos. 2 & 3 are simple in nature. Case and counter case. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State opposed the bail application and submitted that injury caused by petitioner no. 1 is grievous in nature.

6. In view of the fact that petitioner No. 1 caused grievous injury, prayer for anticipatory bail of petitioner no. 1 is refused.

7. However, considering the nature of accusation, injury and clean antecedent, anticipatory bail with regard to petitioner nos. 2 & 3 is allowed and it is ordered that the above named petitioner nos. 2 & 3 in the event of their arrest/surrender before the court below within a period of eight weeks from today, 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 Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Srinagar P. S. Case No. 105 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

Patna High Court CR. MISC. No.66002 of 2025(2) dt.22-09-2025 3/3 2023.

(Prabhat Kumar Singh, J) Navya/- U T