CHHAKURI SAH @ CHHAKAURI SAH v. The State of Bihar
CR. MISC./39729/2025 · 2025-06-25
Ramesh Chand Malviya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52820 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52820 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39729 of 2025 Arising Out of PS. Case No.-195 Year-2022 Thana- NAYAGAON District- Saran ======================================================
1. Chhakuri Sah @ Chhakauri Sah Son Of Late Raj Sah @ Late Raja Sah Resident Of Kasmar, P.S.- Sonepur, Distt.- Saran
2. Gorakh sah son of shyam babu sah resident of kasmar, p.s.- Sonepur, distt.- Saran
3. Shyam babu sah son of late raj sah @ raja sah resident of kasmar, p.s.- Sonepur, distt.- Saran
4. Kariya sah son of shyam babu sah resident of kasmar, p.s.- Sonepur, distt.- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ghanshyam Tiwary, Adv For the Opposite Party/s : Mr.Suresh Prasad Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Naya Gaon P.S Case No. 195 of 2022 registered for the offences punishable under Sections 323, 325, 504, 307 of the IPC.
3. As per allegation in the FIR, petitioner along with the informant had gone for fishing but in between informant fell in river due to which informant was injured by the hook of the boat. Thereafter, he was taken to the hospital for better
Patna High Court CR. MISC. No.39729 of 2025(2) dt.25-06-2025 2/3 treatment.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the date of occurrence is 05.05.2022 but the complaint petition filed on 14.11.2022 which is much delay of approx six months and F.I.R has been lodged on 01.12.2022 which is delay of seven months and for this, no plausible explanation has been provided. He further submits that there is no injury report which prove that the informant was injured and has been assaulted. He further submits that petitioner have clean criminal antecedent.
5. However, learned APP for the State oppose the prayer for anticipator bail of the petitioner.
6. On perusal of the FIR, impugned order dated 21.05.2025, it appears that there is a delay of approx six months in filing of the Complaint Case and approx seven months delay has been caused in lodging FIR and considering the aforesaid facts and circumstance of the case and submissions made on behalf of the
learned counsel for the petitioner, let the above named petitioner be released on bail in the event of his arrest or surrender before the Trial Court within a period of six weeks from today on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st
Patna High Court CR. MISC. No.39729 of 2025(2) dt.25-06-2025 3/3 Class, Saran in connection with Naya Gaon P.S Case No. 195 of 2022 subject to the condition laid down under Section 482 of BNSS.
Sunnykr/- (Ramesh Chand Malviya, J) U