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Patna High CourtCR. MISC./84894/2025allowed

Kailu Sah @ Kailu Shah v. The State Of Bihar

2025-12-15Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84894 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- SONBERSHA RAJ District- Saharsa ====================================================== 1.

Kailu Sah @ Kailu Shah S/O Late Baso Sah Resident of village- Dehad, ward no.06, P.S.- Sonbarsha Raj, District- Saharsa, Pin Code - 852129 2.

Kailu Sah @ Kailu Shah s/o Late Baso Sah Resident of village- Dehad, ward no.06, P.S.- Sonbarsha Raj, District- Saharsa, Pin Code - 852129 3.

Amar Sah son of Shri Akal Sah @ Shri Akal Sha Resident of village- Dehad, ward no.06, P.S.- Sonbarsha Raj, District- Saharsa, Pin Code - 852129 4.

Kaleshwar Sah @ Kaleshwar Kumar @ Kaleshvar Kumar son of Shri Akal Sah @ Shri Akal Sha Resident of village- Dehad, ward no.06, P.S.- Sonbarsha Raj, District- Saharsa, Pin Code - 852129 5.

Vijay Sah @ Vijay Kumar son of Shri Kailu Sah @ Kailu Shah Resident of village- Dehad, ward no.06, P.S.- Sonbarsha Raj, District- Saharsa, Pin Code - 852129 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivpujan Sahay, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Sonbarsha Raj P.S. Case No. 86 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 117(2), 118(1), 303(2), 352, 3(5) of the B.N.S., 2023.

3. The case of the prosecution in short is that the petitioner, along with others being armed with weapons, arrived. There was a hot talk between the parties. It is also alleged that

Patna High Court CR. MISC. No.84894 of 2025(2) dt.15-12-2025 2/3 Akal Sah and Amar Kumar assaulted with sword on the head of Dhirendra Sah, due to which he has received a bleeding head injury. It is further alleged that when Rajesh Kumar and Akhilesh Kumar came to rescue Kaleshwar, Kailu, Vijay, and Ajay assaulted both of them with lathi/danda.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. Learned counsel for the petitioner has submitted that from perusal of the injury report of the victims of this case, it is clear that all has received simple injury. He also submits that the petitioners are neighbors and the occurrence took place on trivial issue. Moreover, a statement has been made in para 3 of the petition that petitioners have no criminal antecedent and they are languishing in judicial custody since 12.08.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.84894 of 2025(2) dt.15-12-2025 3/3 Judicial Magistrate, Saharsa in connection with Sonbarsha Raj P.S. Case No. 86 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T