IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30413 of 2025 Arising Out of PS. Case No.-494 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Umesh Sah @ Umesh Sahu S/o Dharmdeo Sah R/o vill - Raghauta, P.S.- Raxaul, Distt.- East Champaran at Motihari ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prince Kumar Mishra, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 15-05-2025 Heard learned Counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending arrest in connection with Raxaul P.S. Case No.494 of 2024 registered on 12.12.2024 for the offenses punishable under Sections 126(2), 115(2), 118(1), 109, 74, 352, 351(2) and 3(5) of the BNS, 2023. 3. As per the prosecution, the F.I.R. has been lodged against four named accused persons, including the present petitioner. It is alleged that the petitioner assaulted the father of the informant on the head with a farsa, causing a head injury and bleeding. It is further alleged that co-accused Rajan Kumar Sah also assaulted the informant’s father on the head with a farsa, as a result of which he fell down. Patna High Court CR. MISC. No.30413 of 2025(2) dt.15-05-2025 2/3 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has a clean antecedent. It is further submitted that the petitioner and the informant are uncle and nephew, and the accusation has been levelled against the petitioner in the background of a land dispute. There exist a case and a counter- case between the parties, as the petitioner had earlier lodged Raxaul P.S. Case No. 519 of 2024 on 25.12.2024 against the informant and others, while the informant subsequently lodged the present case bearing Raxaul P.S. Case No. 494 of 2024. Learned counsel also submits that co-accused Rajan Kumar Sah, who allegedly gave a farsa blow on the head of the informant’s father causing him to fall unconscious, has already been granted bail by the learned Sessions Judge under the same impugned order by which the present petitioner’s prayer for bail was rejected. 5. Learned APP for the State vehemently opposes the prayer for bail and submits that co-accused Rajan Kumar Sah was granted bail by the learned Sessions Judge on the ground that it was the petitioner who first assaulted the informant’s father with a farsa on the head, and only thereafter the co- accused assaulted him, resulting in his collapse. The rejection Patna High Court CR. MISC. No.30413 of 2025(2) dt.15-05-2025 3/3 order notes that the informant’s father sustained only one head injury, and the said injury is attributed to the petitioner. 6. In view of the aforesaid facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Raxaul P.S. Case No. 494 of 2024, pending before the learned SDJM, Raxaul, is hereby rejected. 7. However, if the petitioner surrenders before the Trial Court within six weeks from today, the Trial Court is directed to pass an order on his surrender-cum-bail application on the same day, without being prejudiced by the fact that the petitioner’s anticipatory bail has been rejected by this Court. Ashwini/- (Dr. Anshuman, J) U T