Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 92720 (PAT)

Suendra Sah v. The State of Bihar

CR. MISC./67046/2025 · 2025-11-12

Prabhat Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67046 of 2025 Arising Out of PS. Case No.-190 Year-2025 Thana- MASHRAK District- Saran ====================================================== 1. Suendra Sah S/o- Late Sukhdeo Sah R/o- Mashrakh Ps- Mashrakh Dist- Saran 2. Jitendra Sah S/o- Late Sukhdeo Sah R/o- Mashrakh Ps- Mashrakh Dist- Saran 3. Manju Devi W/o- Jitendra Sah R/o- Mashrakh Ps- Mashrakh Dist- Saran 4. Soni Devi W/o- Sanjay Sah R/o- Mashrakh Ps- Mashrakh Dist- Saran 5. Om Prakash Sah S/o- Krishan Sah R/o- Mashrakh Ps- Mashrakh Dist- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Abhijeet Gautam, Advocate For the State : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 12-11-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2), 351(3) and 3(5) of the B.N.S.. 3. As per prosecution case, informant, namely Mishri Sahni, alleged that on 12.04.2024 at about 8 PM, all the F.I.R. named accused persons, including these petitioners, armed with lathi and danda, came and started abusing the informant and on Patna High Court CR. MISC. No.67046 of 2025(3) dt.12-11-2025 2/3 objection, all of them assaulted the informant. It is further alleged that when the family members of the informant came to save him, they were also assaulted. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, both parties are Gotiyas and on account of petty dispute, simple maar-peet took place in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like Patna High Court CR. MISC. No.67046 of 2025(3) dt.12-11-2025 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Saran at Chapra in connection with Masrakh P.S. Case No. 190 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T