Devnarayan Sah @ Deonarayan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75478 of 2025 Arising Out of PS. Case No.-304 Year-2024 Thana- DHAMDAHA District- Purnia ====================================================== Devnarayan Sah @ Deonarayan Sah Son of Late Buddhu Sah Village -Chandrahi Ward No 15 PS -Dhamdaha District -Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Dhamdaha P.S. Case No. 304 of 2024 registered for the alleged offences under Sections 190, 191(2), 126(2), 115(2), 109, 329(4), 74, 303(2), 352 of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, petitioner and other coaccused persons came to the courtyard of the informant and hurled abuses. The petitioner tried to drag out the informant and when the husband of the informant came for her rescue, the petitioner, in order to kill the husband of the informant, hit him on his head with iron rod causing its fracture. The assailants also snatched silver ornaments from the informant.

Patna High Court CR. MISC. No.75478 of 2025(2) dt.24-11-2025 2/3

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The occurrence took place in the background of dispute over pathway. The informant and her family members had been trying to construct a road on the land of the petitioner and when the petitioner protested their act, the informant and her family members started abusing and beating the petitioner and his wife and both their daughters. There is counter version and Dhamdaha P.S. Case No. 305 of 2024 has been filed by the wife of the petitioner against the informant side. The petitioner is having clean antecedent. The petitioner is in custody since 17.07.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner that he gave a blow of iron rod on the head of the husband of the informant and he suffered a fracture. One of the injuries of the husband of the informant is said to be grievous which is present on right parietal region but the said injury is stated to be a lacerated wound of size 3"x 1⁄4" x 1⁄4" .

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the

Patna High Court CR. MISC. No.75478 of 2025(2) dt.24-11-2025 3/3 period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea/court concerned in connection with Dhamdaha P.S. Case No. 304 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T