Dinesh Sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Dinesh Sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, on arrest/surrender before the learned court below within six weeks, to be released on bail bond of Rs. 20,000/- (with two sureties of the like amount each, to the satisfaction of the Court concerned), subject to conditions under Section 482(2) of the BNSS.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Dinesh Sah, who apprehends arrest in connection with Bhitaha P.S. Case No. 133/2024 dated 22.11.2024 (implied by the nature of the application and the relief sought/granted; not expressly framed as a numbered issue).

Court's answer

The court granted anticipatory bail, mainly taking into account the petitioner's fair and clean antecedent coupled with the contradiction between the nature of the weapon alleged in the FIR and the nature of the injury to the injured Amit Sah.

Ratio / Principle

In the event of the petitioner's arrest or surrender before the learned court below within six weeks, he is to be released on anticipatory bail in connection with Bhitaha P.S. Case No. 133/2024 on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the Court concerned.

Key takeaways

The grant of anticipatory bail is made subject to the conditions laid down under Section 482(2) of the BNSS.ratio¶¶22

Detailed headnote1 paragraphs

PATNA HIGH COURT (Shailendra Singh, J), Criminal Miscellaneous No. 13541 of 2025, order dated 02-04-2025 — ANTICIPATORY BAIL ALLOWED. Petitioner Dinesh Sah, apprehending arrest in Bhitaha P.S. Case No. 133/2024 (District West Champaran), FIR registered on 22.11.2024 for offences punishable under BNS ss. 191(2), 190, 352, 76, 126(2), 115(2), 109(1), 303(2), 351(2) and 324(2), was granted anticipatory bail despite opposition by the State's APP. Decisive considerations: the petitioner's fair and clean antecedent, and the contradiction between the sword-assault alleged in the FIR on injured Amit Sah and the injury record (no sharp-cut injury found; injury opined simple; medical opinion not corroborating the alleged weapon). Counsel had also flagged that the typed-application FIR was registered on 22.11.2024 for an occurrence of 13.11.2024, with information stated to have reached the police on 15.11.2024, and that the parties are agnates in a case-and-counter-case situation resembling a free fight. Release ordered upon arrest/surrender before the court below within six weeks on a Rs. 20,000/- bail bond with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13541 of 2025

Arising Out of PS. Case No.-133 Year-2024 Thana- BHITAHA District- West Champaran

======================================================

Dinesh Sah Son of Late Saryug Sah Resident of Village- Khairawa Bazar(Khaira Tola), PS- Bhitaha, Distt.- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Ravi Shankar Sahay, Adv. For the Opposite Party/s : Mr.Rajendra Prasad Nat, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 02-04-2025

Heard Mr. Ravi Shankar Sahay, learned counsel for

the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.

The petitioner apprehends his arrest in connection with Bhitaha P.S. Case No. 133/ 2024 dated 22.11.2024 registered for the offence(s) punishable under Section(s) 191(2), 190, 352, 76, 126(2), 115(2), 109(1), 303(2), 351(2) and 324(2) of the BNS.

The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent, the occurrence is said to have taken place on 13.11.2024 but the FIR in a typed application was registered on 22.11.2024 whereas as per the FIR, the information regarding the alleged occurrence had been received by the police on

Patna High Court CR. MISC. No.13541 of 2025(2) dt.02-04-2025 2/3

15.11.2024 which casts serious doubt in the police action, as per the prosecution’s story narrated in the FIR, this petitioner and co-accused, Munna Sah are alleged to have assaulted the brother-in-law of the informant, Amit Sah, repeatedly by sword but on the person of the said injured, no sharp cut injury has been found and medical opinion with regard to the nature of the injury does not corroborate the alleged weapon, further, the injury of the injured, Amit Sah has been opined to be simple in nature. It is further submitted that from the FIR, it is evident that the alleged occurrence was not pre planned and both the parties are agnates and there is case and counter case in between them and from the petitioner’s side also some persons sustained injuries as the alleged occurrence relates to a free fight.

Learned APP appearing for the State has opposed the bail prayer of the petitioner.

Considering aforesaid submissions advanced by the petitioner’s counsel and mainly taking into account the petitioner’s fair and clean antecedent coupled with the contradiction with regard to the nature of weapon alleged in the FIR and nature of the injury to the injured, Amit Sah, who is said to have been assaulted by this petitioner, this court is inclined to grant the relief of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.13541 of 2025(2) dt.02-04-2025 3/3

Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Bhitaha P.S. Case No. 133/ 2024 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J)

BKS/-

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