Dilip Kumar Sah @ Dilip Kumar Gupta @ Dilip Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68431 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- KUMAR KHAND District- Madhepura ====================================================== Dilip Kumar Sah @ Dilip Kumar Gupta @ Dilip Sah Son of Late Kameshwar Sah R/o Vill.- Sihpur, Ward No.- 4, P.S.- Kumarkhand, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rupesh Kumar, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Kumarkhand Police Station Case No. 85 of 2025, disclosing offences punishable under Sections 126(2), 115(2), 118(1), 324(4), 333, 303(2), 305, 74, 351(2), 352 and 3(5) of B.N.S., 2023.
3. As per the first information report, on 26.03.2025, in the afternoon, due to land-dispute, Soni Kumari, the daughter of the informant's elder brother-in-law, and others including the petitioner, entered into the house of the informant with Iron rod, Khanti etc. and started abusing. The petitioner pulled down the informant catching hold of her hair, made her half naked and by abusing told her to vacate the house. Co-
Patna High Court CR. MISC. No.68431 of 2025(2) dt.08-10-2025 2/3 accused Soni Kumari assaulted the informant with sharp cutting weapon on her head and when the informant's husband arrived in order to save her, the other accused persons arrived at with lathi, danda and sprayed intoxicant in his eyes. They also assaulted the informant's husband.
4. Learned counsel for the petitioner submits that the petitioner is the elder brother-in-law of the informant. There is land-dispute between the parties, as would be evident from the F.I.R. itself. The rent receipt of the subject property is in the name of petitioner, as would be evident from Annexure-P/2. The allegation against the petitioner is ornamental in nature and allegation of assault is not upon him.
5. Considering the fact that both the parties are closely related and there is land-dispute between them, I am inclined to grant anticipatory bail to the petitioner.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released 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 ACJM-III, Madhepura, in connection with Kumarkhand Police Station
Patna High Court CR. MISC. No.68431 of 2025(2) dt.08-10-2025 3/3 Case No. 85 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) K.C.Jha/- U T