Dhaneshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69001 of 2025 Arising Out of PS. Case No.-281 Year-2025 Thana- DINARA District- Rohtas ====================================================== 1.

Dhaneshwar Sah Son of Late Nanhak Sah R/o Village - Akorhi , P.S. Akorhigola, Dist. - Rohtas.

2.

Ravi Sah Son of Dhaneshwar Sah Village - Akorhi, P.S. - Akorhigola, , Dist. - Rohtas.

3.

Raushan Sah Son of Dhaneshwar Sah Village Akorhi , P.S. - Akorhigola, Dist. - Rohtas.

4.

Basanti Devi Wife of Sunil Sah, D/o Dhaneshwar Sah Village - Akorhi, P.S. - Akorhigola, Dist. - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Dinara P.S. Case No. 281 of 2025, instituted for the offences punishable under Sections 118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the informant had an argument with his wife and after that argument informant's wife called her father and brothers who assaulted the informant with kicks, punches and iron rods causing head injuries to him. The accused persons also threatened him of dire

Patna High Court CR. MISC. No.69001 of 2025(2) dt.07-10-2025 2/3 consequences and his wife fled away with Rs. 20,000/- and gold jewelleries.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that no specific allegation has been attributed against the petitioners rather the same is general and omnibus in nature. Petitioner no. 1 is fatherin-law, petitioner nos. 2 and 3 are brother-in-law and petitioner no. 4 is wife of the informant. It is further submitted that in course of investigation, the I.O. of this case could not collect any cogent and legal evidence against the petitioners. The petitioners are in custody since 16.06.2025 and have got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners and submits that there is specific allegation against the petitioners of assaulting the informant. It is further submitted that petitioner no. 2, namely, Ravi Sah has inflicted iron-rod blow on the left leg and nose of the informant due to which he sustained injuries. Hence, the petitioners do not deserve the privilege of bail.

Patna High Court CR. MISC. No.69001 of 2025(2) dt.07-10-2025 3/3

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let petitioner no. 2, namely, Ravi Sah be released on bail after framing of charge, if not already framed as also petitioner nos. 1, 3 and 4 be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dinara P.S. Case No. 281 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Rajorshi/- U T