Ashok Sah @Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70563 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

Ashok Sah @Ashok Kumar S/O Late Ramnath Sah Resident VillageSukhasan, Ward No. 07, P.S- Kumarkhand, Distt.- Madhepura. 2.

Rajkumar Sah S/O Late Ramnath Sah Resident Village- Sukhasan, Ward No. 07, P.S- Kumarkhand, Distt.- 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.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2025 Heard learned Counsel for the petitioners 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 petitioners, entered into the house of the informant with Iron rod, Khanti etc. and started abusing. Co-accused Dilip

Patna High Court CR. MISC. No.70563 of 2025(2) dt.08-10-2025 2/3 Kumar Sah @ Dilip Kumar Gupta @ Dilip Sah pulled down the informant catching hold of her hair, made her half naked and by abusing told her to vacate the house. Co-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 petitioners assaulted with lathi, danda and sprayed intoxicant in his eyes. They also assaulted the informant's husband.

4. Learned counsel for the petitioners submits that the petitioners are close relatives of the informant. There is landdispute between the parties, as would be evident from the F.I.R. itself. The allegation of assault on the informant's husband against the petitioners is general and omnibus. The injuries sustained by the informant's husband are simple in nature.

5. Considering the fact that both the parties are closely related and there is land-dispute between them as also the injuries sustained by the informant's husband are simple in nature, I am inclined to grant anticipatory bail to the petitioners.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail

Patna High Court CR. MISC. No.70563 of 2025(2) dt.08-10-2025 3/3 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-III, Madhepura, in connection with Kumarkhand Police Station 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