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2026 DAILYLAW 26575 (PAT)

Janak Sah v. The State of Bihar

CR. MISC./48425/2026 · 2026-07-22

Harish Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48410 of 2026 Arising Out of PS. Case No.-283 Year-2025 Thana- JITNA District- East Champaran ====================================================== 1. Manish Kumar S/O Harendar Rai R/O Village- Bijbani, P.S.- Jitna, Distt.- East Champaran. 2. Nawal Kumar @ Raja Kumar @ Raja @ Naval Kishore Kumar S/O Bhigu Rai R/O Village- Bijbani, P2026.S.- Jitna, Distt.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 22-07-2026 Heard learned Advocate for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Jitna P.S. Case No. 283 of 2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 74, 109(1), 352, 351(2), 303(2), 324(4) of the BNS. 3. Allegedly on the given date and time while the barat of the informant’s daughter reached to his house, in the meanwhile, all the FIR named accused persons, 9 in numbers, including these two petitioners, variously armed reached there and started assaulting and snatching the jewelleries. The accused Patna High Court CR. MISC. No.48410 of 2026(2) dt.22-07-2026 2/3 persons also damaged the vehicles of the barati. 4.Learned Advocate for the petitioners referring to the FIR contended that the specific accusation has been levelled against co-accused Nitesh Kumar, who is not before this Court. So far the petitioners are concerned, there is omnibus allegation that they have also come along with other accused persons. The petitioners are local villagers and since in the procession of barat some dispute has arisen which resulted into a scuffle between the two sides and taking shelter of such dispute, the present FIR has been instituted. The petitioners bear fair antecedent and they undertake that they will fully cooperate in the proceeding of the court. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that there is serious allegation against the petitioners that they have assaulted the barat party and looted the valuables. 6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the fair antecedent, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon Patna High Court CR. MISC. No.48410 of 2026(2) dt.22-07-2026 3/3 furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Dhaka, East Champaran in connection with Jitna P.S. Case No. 283 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners. Anjani/- (Harish Kumar, J) U T