Sudhir Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83663 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- GARHI District- Jamui ====================================================== Sudhir Sah S/o Shankar Sah R/o Village - Parasi, P.S - Garhi, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-12-2025 Heard the learned Advocate for the petitioner and learned Additional Public Prosecutor for the State as well as the learned Advocate for the informant.

2. The petitioner apprehends his arrest in connection with Garhi P.S. Case No. 50 of 2025, registered for the offences punishable under Sections 126(2), 115, 109, 74, 308(2), 352, 351(2) and 3(5) of the BNS.

3. The allegation against the petitioner is of causing assault over the head of the informant by means of sword, due to which he sustained serious injury, besides the allegation of demand of extortion.

4. Learned Advocate for the petitioner submits that the parties are none else but the close relative and they are bickering over the land dispute, which resulted into some scuffle and unfortunate injuries. Moreover, there is counter version of

Patna High Court CR. MISC. No.83663 of 2025(2) dt.18-12-2025 2/2 the present case being Garhi P.S. Case No. 51 of 2025. Besides the aforesaid facts, the FIR clearly suggests that there is no repetition of blow and the petitioner bears fair antecedent.

5. On the other hand, learned Advocates for the State and the informant vehemently opposed the bail application and submitted that because of the sword blow caused by the petitioner, the informant has sustained grievous injury over his head.

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the specific accusation of causing sword blow leading to grievous injury over the head of the informant, this Court is not acceded to the prayer for anticipatory bail to the petitioner. Accordingly, the same stands rejected.

7. However, if the petitioner surrenders before the court below, preferably within a period of four weeks from today, his prayer for regular bail shall be considered without being prejudiced by the order of this Court and taking note of the submissions as led before this Court, besides other submissions.

(Harish Kumar, J) Anjani/- U T