Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76190 of 2025 Arising Out of PS. Case No.-190 Year-2025 Thana- MASHRAK District- Saran ====================================================== Anil Sah Son of Krishna Sah R/o Village - Mashrakh Dakhin Tola, P.S. - Mashrakh, Dist. - Saran, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Gautam, Adv For the Informant :

Mr. Harsh Vardhan, Adv Mr. Rahul kumar, Adv For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mashrakh P.S. Case No. 190 of 2025 dated 05.05.2025 registered for the offences punishable under sections 126(2), 115(2), 118(1), 109(1), 352, 361(2) and 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, when the informant along with his family members was sitting at his door, in the meantime, the co-accused persons came holding lathi-danda and

Patna High Court CR. MISC. No.76190 of 2025(2) dt.01-12-2025 2/3 started abusing. On objection, all the co-accused persons assaulted the informant with lathi-danda, causing injury. When the informant's wife and his sons came to rescue, they were also assaulted. On the order of Jitendra Sah, the petitioner and the co-accused persons came holding lathi-danda, bricks-stone and assaulted the informant's family members. They also assaulted the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. Learned counsel has submitted that both the sides have sustained injuries. As per the Injury Report of the informant, his son and his daughter, the opinion is kept pending and the injury is caused by hard and blunt substance whereas the injury of the informant's wife is simple in nature caused by hard and blunt substance. There is a case and counter case between the parties. Similarly situated co-accused person has already been granted bail by this Court vide order dated 25.08.2025 passed in Cr. Misc. No. 57157 of 2025. Learned counsel further submits that petitioner has clean antecedent and he is in custody since 28.08.2025.

5. Learned counsel for the informant and learned

Patna High Court CR. MISC. No.76190 of 2025(2) dt.01-12-2025 3/3 A.P.P. for the State have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra, in connection with Mashrakh P.S. Case No. 190 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T