Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 16075 (PAT)

Binod Kumar Sah v. The State of Bihar

CR. MISC./34103/2026 · 2026-05-20

Ansul

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34103 of 2026 Arising Out of PS. Case No.-104 Year-2025 Thana- Raghuvanshnagar District- Purnia ====================================================== Binod Kumar Sah Son of Khelanand Sah, Resident of Village - Mahikhand Nawtoliya, P.S.- Raghubanshnagar, Distt.- Purnea. ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. (Dr.) Bidhu Ranjan, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 2 20-05-2026 The matter was heard via video conferencing mode. 2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 3. The petitioner seeks bail in connection with Raghubansh Nagar P.S. Case No. 104 of 2025 registered for the offences punishable under Sections 103(1) and 3(5) of the B.N.S., 2023. 4. As per prosecution case, the petitioner along with other co-accused persons assaulted the father of the informant by means of lathi, danda, iron-rod and dabiya causing his death on the spot. The allegation against the petitioner is that he gave dabiya blow on the head of informant’s father due to which he sustained injury and fell down on the ground in unconscious condition. Patna High Court CR. MISC. No.34103 of 2026(2) dt.20-05-2026 2/3 5. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The informant is not the eyewitness to the alleged occurrence. The main allegation is against the co-accused Raja Kumar who gave kudal blow on the head of informant’s father due to which he died on the spot. Learned counsel further submits that in the post-mortem report the doctor has found one lacerated wound of size 5” x 1.5” x bone deep over right occipital region caused by hard and blunt object, but the allegation levelled against the petitioner is assaulting the informant’s father by means of dabiya, hence the post-mortem report falsifies the prosecution case. Learned counsel lastly submits that petitioner has clean antecedent and he is in custody since 11.12.2025. 6. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he gave dabiya blow on the head of the informant’s father due to which he started bleeding, became unconscious and fell down on the ground. 7. Considering the fact that there is direct and specific allegation against this petitioner, this Court is not Patna High Court CR. MISC. No.34103 of 2026(2) dt.20-05-2026 3/3 inclined to grant bail to the petitioner. 8. Accordingly, the prayer for bail of the petitioner stands rejected for the present. 10. Learned trial Court is directed to expedite and conclude the trial at the earliest. 11. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observation shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner. Shahnawaz/- (Ansul, J) U T