IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46939 of 2026 Arising Out of PS. Case No.-45 Year-2026 Thana- KANGLI District- West Champaran ====================================================== 1. Suresh Shah S/O Kishor Shah Resident Of Village - Pokharia, P.o.- Kathia Mathia, P.s.- Kangli, District- West Champaran, Bihar 2. Vyas Shah S/O Kishor Shah Resident Of Village - Pokharia, P.o.- Kathia Mathia, P.s.- Kangli, District- West Champaran, Bihar ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mayank Mohan, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 3 18-08-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. Petitioners are in custody in connection with Kangli P.S. Case No. 45/2026 registered for the offences punishable under Sections 126(2), 115(2), 74, 109(1), 352, 351(2) and 3(5) of B.N.S. 3. As per the allegation in the FIR, on 10.05.2026 at about 07:00 P.M., the petitioners, who are stated to be the agnates of the informant, along with other co-accused persons assaulted the informant and her family members. The disputed land stands in the name of the informant’s father-in-law. Despite having agreed before the village panchayat to vacate the land, the petitioners failed to do so. When the informant’s husband Patna High Court CR. MISC. No.46939 of 2026(3) dt.18-08-2026 2/5 asked them to remove their hut, the father of the petitioners allegedly ordered his sons to assault the informant’s husband. Armed with lathis, iron rods and sharp-edged weapons, they assaulted the informant’s husband. When the informant intervened, petitioner no. 1 namely Suresh Shah struck her on the head with an iron rod, as a result of which her head got ruptured and blood started oozing out and she fell down. When her family members came to rescue them, then the petitioner no. 2 namely, Vyas Shah allegedly struck the hand of informant’s sister-in-law’s namely, Mamta Devi with a lathi , resulting in a fracture to her fingers, while petitioner no. 1 namely, Suresh Shah allegedly tore the clothes of the informant’s sister-in-law, namely Shanti Devi, dragged her by her hair and abused her. They also assaulted the informant’s sons with lathis causing injuries to them, and threatened to kill her family members. Thereafter, nearby villagers came there and admitted them to hospital for treatment. 4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent, have committed no offence, and have been falsely implicated in this case on the basis of a fabricated story. He next submits that the allegations made in the FIR are exaggerated and fabricated to Patna High Court CR. MISC. No.46939 of 2026(3) dt.18-08-2026 3/5 settle a pre-existing land dispute, which is the true genesis of the present criminal proceedings. He further submits that the civil dispute has been given a criminal nature only to pressurize the petitioners. He further submits that the injury caused by the petitioner no. 1 namely, Suresh Shah is simple in nature and the injury caused by the petitioner no. 2 namely, Vyas Shah on the finger of informant’s sister in law is grievous in nature but the finger is not a vital part of the body. He further submits that charge sheet has already been submitted and there is no allegation of tampering of witnesses against the petitioners. He further submits that the petitioners have no criminal antecedent and they are in judicial custody since 13.05.2026. Hence, the petitioners may be granted the privilege of regular bail. 5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioners and submits that the petitioners are in custody since 13.05.2026, which is only three months, and that the injury caused by the petitioner no. 2 namely, Vyas Shah is grievous in nature. He further submits that although the injury caused by the petitioner no. 1 is simple in nature but head is a vital part of the body, therefore, the petitioners do not deserve regular bail. 6. Considering the facts and circumstances of the case Patna High Court CR. MISC. No.46939 of 2026(3) dt.18-08-2026 4/5 and also the fact that one of the injuries is grievous in nature which was not on the vital part of the body, as well as the fact that the petitioners are in judicial custody since 13.05.2026, let the above named petitioners, be released on bail each, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each, with two sureties of the like amount each to the satisfaction of the court of learned C.J.M, Bettiah, West Champaran in connection with Kangli P.S. Case No. 45/2026, subject to the following conditions: (i) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. (ii) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for Patna High Court CR. MISC. No.46939 of 2026(3) dt.18-08-2026 5/5 cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. dhaneshwar/- (Girijish Kumar, J) U T