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2025 DAILYLAW 114875 (PAT)

BHAWANI SAH @ SANTOSH SAH @ BHAWANI NANDAN SAH v. The State of Bihar

CR. MISC./71264/2025 · 2025-11-10

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71264 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- Banma Itahari District- Saharsa ====================================================== Bhawani Sah @ Santosh Sah @ Bhawani Nandan Sah S/O- Ramdev Sah Village- Jamalnagar, W.No-12, Ps- Banma Ithari Dist- Saharsa ... ... Petitioner/S Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Diwakar Prasad Singh For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 10-11-2025 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2), 351(3), 3(5) of the B.N.S. and Section 27 of the Arms Act. 3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that petitioner kept cow dung on his land, on protest, petitioner said that the land belongs to him. Further, the petitioner along with other named accused persons finding him alone started abusing and assaulted by lathi and danda, thereafter informant also brought a lathi to fight when petitioner went inside his own house and brought a country-made pistol Patna High Court CR. MISC. No.71264 of 2025(2) dt.10-11-2025 2/3 and fired causing injury near his head and repeated the fire causing injury on his right thigh thereafter Suman fired causing injury on his left thigh. On alarm, his son and villagers came and took him to hospital from where he was referred to Sadar Hospital, Saharsa and Sadar Hospital referred him to Aayush Arnav Nursing Home for better treatment, where his fard-bayan was recorded. 4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that informant of the instant case was involved in the murder of the cousin brother of the petitioner and petitioner had deposed in the trial against the informant, as such, he falsely implicated. It is next submitted that a land dispute is also prevailing in between the parties for which a Title Suit is pending adjudication. It is also submitted that though it is alleged that petitioner fired causing injury near his head, but then, from perusal of the injury report, it would manifest that no injury was caused to the informant on or near his head. 5. Learned A.P.P. Sri Rabindra Kumar opposes the anticipatory bail application and submits that petitioner has antecedent of one case and there is a specific allegation against Patna High Court CR. MISC. No.71264 of 2025(2) dt.10-11-2025 3/3 this petitioner of firing causing firearm injury on the right thigh of the informant which also gets corroborated from the injury report. 6. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. 7. The prayer of the petitioner for anticipatory bail stands rejected. vikash/- (Satyavrat Verma, J) U T