IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13561 of 2026 Arising Out of PS. Case No.-239 Year-2025 Thana- CHAKIA District- East Champaran ====================================================== 1. Jitan Sah @ Jitan Kumar Sah S/O Brahamdeo Sah R/O Village- Phulwariya, P.S- Chakia, Distt.- East Champaran. 2. Shatrughna Sah @ Satrudhan Sah S/O Brahamdeo Sah R/O Village- Phulwariya, P.S- Chakia, Distt.- East Champaran. 3. Niranjan Kumar S/O Chhotelal Sah R/O Village- Phulwariya, P.S- Chakia, Distt.- East Champaran. 4. Chhotelal Sah S/O Satyug Sah R/O Village- Phulwariya, P.S- Chakia, Distt.- East Champaran. 5. Rahul Kumar @ Narad Kumar S/O Rajeshwar Sah R/O Village- Phulwariya, P.S- Chakia, Distt.- East Champaran. 6. Rajababu Kumar S/O Chhotelal Sah R/O Village- Phulwariya, P.S- Chakia, Distt.- East Champaran. 7. Rahul Kumar S/O Chhotelal Sah R/O Village- Phulwariya, P.S- Chakia, Distt.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Adv. For the Opposite Party/s : Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 11-03-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 02. In the present case, the petitioners are apprehending their arrest in connection with Chakia P.S. Case No. 239 of 2025 registered for the alleged offences under Section 126(2), 115(2), 118(1), 109, 75, 303(2), 351(2), 352, 3(5) of the BNS. 03. As per prosecution case, the petitioners and other coaccused persons armed with iron rod, farsa assaulted the Patna High Court CR. MISC. No.13561 of 2026(2) dt.11-03-2026 2/4 husband of the informant, her son and the informant as well causing injuries to them. The assailants also took away a briefcase from the house of the informant containing gold and silver ornaments and cash of Rs.40,000/-. 04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. There is general and omnibus allegation against the petitioners except coaccused Rohit Kumar, against him, there is allegation of hitting the son of the informant Ravindra Das on his nose with iron khanti. Learned counsel further submits that another specific allegation is against coaccused Santosh Kumar for causing injuries to Golu Kumar. The injuries of Golu Kumar and Ravindra Das is found grievous but there is no allegation against the petitioners for causing injuries to these two persons. Learned counsel further submits that there is counter version and petitioner no. 2 Shatrudhan Sah has filed Chakia PS Case No. 236 of 2025 for the occurrence of same date but prior to the institution of the FIR of the informant of this namely Chhatiya Devi. Learned counsel further submits that the whole occurrence took place in a spontaneous manner in the background of local dispute between the parties. There was no intention to kill any person and no offences under Section 109 of the BNS is made out. The allegation of causing grievous injuries to two of the victims is not against the Patna High Court CR. MISC. No.13561 of 2026(2) dt.11-03-2026 3/4 petitioners. Moreover injury of the injured Umesh Das, husband of the informant was found to be simple and caused by hard and blunt substance. Learned counsel further submits that petitioner nos. 1,3,4,5,6 and 7 have got no criminal antecedent and petitioner no. 2 has got one criminal antecedent. 05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioners. Learned A.P.P. submits the petitioners along with other coaccused persons assaulted the informant and her family members causing injuries to them. 06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the non- specific nature of allegation against the petitioners and also considering the non-serious and simple nature of injury for which allegation of assault is against the petitioners, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Court of CJM, East Champaran at Motihari in connection with Chakia P.S. Case No. 239 of 2025, subject to the condition laid down under Section 482(2) of the BNSS and other following conditions: Patna High Court CR. MISC. No.13561 of 2026(2) dt.11-03-2026 4/4 (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court. Anuradha/- (Arun Kumar Jha, J) U T