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2025 DAILYLAW 64041 (PAT)

Taichun Sah @ Terchun Sah v. The State of Bihar

CR. MISC./52035/2025 · 2025-08-12

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52035 of 2025 Arising Out of PS. Case No.-250 Year-2024 Thana- SATHI District- West Champaran ====================================================== Taichun Sah @ Terchun Sah S/O Late Harendra Sah @ Meghu Sah Resident of village-Nonipakad, PS-Sathi, Distt-West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sharad Kumar Verma, Advocate For the Opposite Party/s : Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Sathi P.S. Case No. 250 of 2024 registered on 13.12.2024 for the offences under Sections 115(2), 118(1), 117(2), 74, 303(2), 109 and 327 of the B.N.S. 3. As per prosecution case, petitioner and other co- accused persons, who were armed with lathi, danda and rod, came to the doors of the informant and started uprooting the thatched wall of the house. When the husband of the informant opposed, the petitioner hit him on the head with a rod causing its fracture. When the informant and her family members tried to save him, they were also assaulted. 4. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.52035 of 2025(2) dt.12-08-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is allegation of giving single blow on the head of the husband of the informant by this petitioner and there is no repetition and for this reason it could not be said that there was any intention to cause death. Moreover, injury report shows the injury is small though it is fracture. Learned counsel further submits that there is land dispute between the parties and the quarrel erupted on the spur of moment on the question of dismantling of thatched wall of the hut. The allegation for commission of other offence is super- addition. Other offences are bailable in nature. Petitioner is in custody since 16.02.2025 and charge-sheet has been submitted. Petitioner is having antecedent of one case in which he is on bail. 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 period of custody of the petitioner 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 Patna High Court CR. MISC. No.52035 of 2025(2) dt.12-08-2025 3/3 satisfaction of learned Additional Chief Judicial Magistrate-VI, Bettiah, West Champaran/concerned court in connection with Sathi P.S. Case No. 250 of 2024, 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