IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10728 of 2026 Arising Out of PS. Case No.-146 Year-2025 Thana- SONBERSA District- Sitamarhi ====================================================== Atabul Shekh @ Rahul @ Atabul Son of Md. Mansoor Shekh @ Mansoor Shekh Resident of Village - Vishunpur adhar, Ward No.- 7, P.S.- Kanhauli, District - Sitamarhi. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Informant : Mr. Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 18-03-2026 Heard learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State. 2. The petitioner has prayed for bail in connection with Sonbersa P.S. Case No. 146 of 2025 registered for the offence punishable under Sections 190, 191(2), 191(3), 115(2), 118(1), 303(2), 103(1) of the B.N.S., 2023 and Section 27 of the Arms Act. 3. The case of the prosecution, in short, is that Vikesh Das and Sushil Das were firing at the husband of the informant, whereas this petitioner and Chandan Mahto assaulted with dabia. The husband of the informant succumbed to the injuries. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also Patna High Court CR. MISC. No.10728 of 2026(3) dt.18-03-2026 2/3 submits that from perusal of the FIR, it is clear that the nature of the allegation is general and omnibus and it is not alleged as to which part of the body was assaulted by the petitioner. He further submits that from perusal of the postmortem report, it transpires that the doctor conducting the autopsy of the deceased has found the following ante mortem injuries: (i) lacerated wound over occipital region of size 1 ½” x ½" x scalp deep; (ii) lacerated wound over the left temporal region of size 1”x ½”x scalp deep; (iii) lacerated wound over the left parietal area of size 1”x ½”; (iv) Oval-shaped lacerated wound with inverted margin and charred around the wound over the left-sided chest wall of size ½” diameter cavity deep; (v) Oval-shaped lacerated wound over the back of the chest in the middle area, of size ½” diameter, deep cavity. 5. 5. This goes to show that the deceased has received two gunshot injuries, as injury nos. 4 and 5 are the entry wounds, as the margin is inverted. He also submits that from the FIR, it is clear that the allegation against the petitioner is that he has assaulted with dabia which is a sharp cutting weapon, whereas the Patna High Court CR. MISC. No.10728 of 2026(3) dt.18-03-2026 3/3 doctor has opined that in my opinion, the cause of death is due to hemorrhage leading to cardiac failure as a result of the above- noted injury nos. 1 and 2 by a hard and blunt object and 4 and 5 caused by a firearm injury. He also submits that the injuries other than gunshot injuries are caused by a hard and blunt substance, as per the postmortem report, whereas the allegation against the petitioner is that he has assaulted with dabia. Moreover, the petitioner is languishing in judicial custody since 23.06.2025. 6. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of five cases. 7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sitamarhi in connection with Sonbersa P.S. Case No. 146 of 2025. Sudhanshu/- (Ashok Kumar Pandey, J) U T