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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48298 of 2026 Arising Out of PS. Case No.-137 Year-2026 Thana- BAIRIYA District- West Champaran ======================================================
1. Shekh Akhtar S/o Late Shekh Rustam R/o Village - Sirisiya, PS - Bairiya, District - West Champaran
2. Shekh Sarvar @ Shekh Srutar @ Sakhtar Alam S/o Late Shekh Rustam R/o Village - Sirisiya, PS - Bairiya, District - West Champaran
3. Sahil Alam S/o Shekh Sarwar R/o Village - Sirisiya, PS - Bairiya, District - West Champaran
4. Shekh Alam @ Sonu Alam S/o Shekh Sarvar R/o Village - Sirisiya, PS - Bairiya, District - West Champaran
5. Shekh Arshad @ Shekh Arsad S/o Late Shekh Rustam R/o Village - Sirisiya, PS - Bairiya, District - West Champaran
6. Salim Alam S/o Shekh Akhtar R/o Village - Sirisiya, PS - Bairiya, District - West Champaran
7. Ladale Alam S/o Shekh Akhtar R/o Village - Sirisiya, PS - Bairiya, District - West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== 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. There are altogether seven petitioners, who are apprehending their arrest in connection with Bairiya P.S. Case No. 137 of 2026, registered for the offenses punishable under Sections 126(2), 117(2), 303(2), 109(1), 324(4), 118(1), 352 and 3(5) of the B.N.S.
3. Allegedly on the given date and time of occurrence
Patna High Court CR. MISC. No.48298 of 2026(2) dt.22-07-2026 2/3 all the petitioners barged into the house of the informant and started abusing and assaulting. It is specifically alleged that petitioner nos. 6 and 7 have assaulted the informant and his brother, due to which they sustained serious injuries, besides there is omnibus allegation against all others for causing assault. There is further allegation that petitioner no. 7 also snatched Rs. 15,000/- from the brother of the informant. 4. Learned Advocate for the petitioners submitted that the alleged occurrence took place in the evening of 05.03.2026, but surprisingly the present case came to be registered after ten days of the occurrence on 15.03.2026, without disclosing any reason for inordinate delay.
So far the injuries, which are allegedly sustained by the informant and his brother are concerned, though the nature of the injury has not been disclosed in the impugned order, but prima facie it appears to be simple in nature and in this respect a statement has also been made in paragraph 10 to bail application. The petitioners are men of 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 all the petitioners have actively participated in the crime and
Patna High Court CR. MISC. No.48298 of 2026(2) dt.22-07-2026 3/3 brutally assaulted the informant and his brother. 6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the inordinate delay in lodging of the FIR, coupled with the nature of injury, besides the fair antecedents of the petitioners, let the petitioners above named 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 furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 137 of 2026, 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. siddharth/- (Harish Kumar, J) U T