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2026 DAILYLAW 21497 (PAT)

Upendra Sah v. The State of Bihar

CR. MISC./41972/2026 · 2026-07-01

Chandra Shekhar Jha

Transfer Petitionbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41972 of 2026 Arising Out of PS. Case No.-269 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Upendra Sah S/o Late Bindeshwar Sah @ Late Bindeshwari Sah R/o Village - Bhopatpur (Bhopatpura), PS - Bhore, District - Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Lokesh Kumar Singh For the Opposite Party/s : Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 01-07-2026 Heard the parties. 2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Bhore P.S. Case No. 269 of 2023 registered for the offences punishable under Sections 341. 323, 324, 307, 354(B), 504, 506, 379/34 of IPC and Section 27 and 30 of Arms Act. 3. As per FIR petitioner alongwith other co- accused person alleged to assault informant and others, where allegation of firing is also available against co- accused person. Alleged occurrence took place due to land dispute. Patna High Court CR. MISC. No.41972 of 2026(2) dt.01-07-2026 2/3 4. It is submitted by learned counsel appearing on behalf of the petitioner that allegation of firing is not available against this petitioner, rather same is available against co-accused namely, Manoj Sah. It is submitted that petitioner alleged to assault informant by means of farsa, which is a sharp edge weapon, but same not appears corroborating from injury report of the informant as upon medical examination the injury found to be caused by hard and blunt object, who prima-facie falsifies that any assault as alleged by sharp edge weapon like farsa was made. It is submitted that upon medical examination the nature of injury upon informant opined as simple. Petitioner claimed clean antecedent. 5. Learned APP opposes the prayer of bail. 6. In view of aforesaid factual submission and by taking note of fact as allegation of firing is not available against this petitioner, where injury as alleged to be caused by petitioner upon medical examination found simple in nature, accordingly petitioner above- Patna High Court CR. MISC. No.41972 of 2026(2) dt.01-07-2026 3/3 named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj /concerned Court, where the case is pending in connection with Bhore P.S. Case No. 269 of 2023, subject to the conditions as laid down under Section 482(2) of BNSS. S.Tripathi/- (Chandra Shekhar Jha, J) U T