Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41551 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- PATAHI District- East Champaran ====================================================== Sita Ram Sah S/o Upendra Sah Ressident of vill- Champapur, P.S.- Patahi, Dist -East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prateek Tandon, Advocate For the Opposite Party/s : Mr.Rajiv Nayan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Patahi P.S. Case No. 54 of 2025 registered for the offences under Sections 126(2), 115(2), 118(1), 117(2), 109, 303(2), 3, 52, 351(2) and 3(5) of the B.N.S.
3. As per prosecution case, petitioner and other co- accused persons assaulted the informant with farsa and iron rod making him unconscious. They also took away his mobile phone and Rs. 15,000/-.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No offence as alleged has ever taken place. The occurrence took place on 06.02.2025 but the
Patna High Court CR. MISC. No.41551 of 2025(2) dt.09-07-2025 2/3 FIR has been lodged on 08.02.2025 without any satisfactory explanation. The allegation is general and omnibus and there is no allegation of committing any specific overt act against the petitioner. Injury report falsifies the allegation of the informant about the informant being assaulted by farsa as only lacerated wound has been found on the frontal region of skull and on left wrist apart from bruise and tenderness and type of weapon used hard and blunt substance. Injury nos. 1 and 2 are stated to be grievous as per CT-scan and x-ray reports. But there is no specific allegation against the petitioner for causing injury. Petitioner is in custody since 09.02.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the non-specific nature of allegation against the petitioner and also considering the clean antecedent of petitioner coupled with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.41551 of 2025(2) dt.09-07-2025 3/3 Judicial
Magistrate-1st
Class,
East
Champaran, Motihari/concerned court in connection with Patahi P.S. Case No. 54 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
balmukund/- (Arun Kumar Jha, J) U T