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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24857 of 2026 Arising Out of PS. Case No.-443 Year-2025 Thana- RAMGARHWA District- East Champaran ======================================================
1. Lalbabu Sah S/O Nawal Kishore Sah R/O Village- Sugauli Nayak Tola, PS- Sugauli, Distt-East Champaran
2. Laxmi Sah S/O Nawal Kishore Sah R/O Village- Sugauli Nayak Tola, PS- Sugauli, Distt-East Champaran
3. Rakesh Sah S/O Nawal Kishore Sah R/O Village- Sugauli Nayak Tola, PS- Sugauli, Distt-East Champaran ... ... Petitioners. Versus The State of Bihar. ... ... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. Dhannjay Kumar-II, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 30-04-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 74, 352, 351(2) and 3(5) of the B.N.S. and under Section 25 (1-b)a, 26 and 27 of the Arms Act. 3. The petitioners along with others variously armed are said to have reached at the door of the informant and sought information about her husband. On alarm being raised by her, three persons managed to escape, while one Awadhesh Sah alias Chhotu Sah was apprehended and on search one country made pistol and a live bullet was recovered from his possession. Patna High Court CR. MISC. No.24857 of 2026(2) dt.30-04-2026 2/3
4. It is submitted by learned counsel for the petitioners that perusal of the F.I.R. itself discloses that there are general and omnibus allegations in the first information report that four persons including these petitioners have come variously armed in order to assault and threaten the informant’s husband, however, these petitioners are said to have fled away from the place of occurrence and one Awadhesh Sah alias Chhotu Sah was arrested and it is from his possession one country made pistol was recovered. It is further submitted that in the entire incident no injury was caused to anyone. There is an old litigation between the parties and the petitioners were called for the purpose of compromise and, subsequently, they were falsely implicated. 5. Learned APP for the State opposed the prayer for bail on the ground that the petitioners have criminal antecedents.
In response, it is submitted that the petitioners are on bail in all the cases, except being one, bearing Sugauli P.S. Case No.518 of 2025, which has been filed by the husband of the informant, and it is submitted that they have been granted bail in this case also. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that no injury having been
Patna High Court CR. MISC. No.24857 of 2026(2) dt.30-04-2026 3/3 caused to anyone in the incident, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Ramgarhwa P.S. Case No.443 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to further conditions that: (i) One of the bailors would be family members/blood relative. (ii) The petitioners would cooperate in the investigation/trial and in non-cooperation thereof, the prosecution would be at liberty to file an application for cancellation of bail bonds of the petitioners. Trivedi/- (Soni Shrivastava, J) U T