Arjun Sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Arjun Sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner No. 3 (Pappu Sah @ Pappu Kumar): release on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each before Additional Chief Judicial Magistrate-6th, East Champaran, Motihari, upon arrest or surrender within 4 weeks, subject to Section 438(2) Cr.P.C. conditions; bail applications of petitioner Nos. 1 and 2 (Arjun Sah; Bhim Sah @ Bhima Sah) rejected.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners Arjun Sah, Bhim Sah @ Bhima Sah and Pappu Sah @ Pappu Kumar, who are apprehending arrest in Turkauliya P.S. Case No. 191 of 2024.

Court's answer

Petitioner No. 3, Pappu Sah @ Pappu Kumar, ordered released on anticipatory bail in the event of arrest or surrender before the Trial Court within a period of 4 weeks, on furnishing bail bonds of Rs.30,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-6th, East Champaran, Motihari, in connection with Turkauliya P.S. Case No. 191 of 2024, subject to the conditions under Section 438(2) Cr.P.C.

Ratio / Principle

Bail applications of petitioner Nos. 1 and 2, Arjun Sah and Bhim Sah @ Bhima Sah, rejected.

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), oral order dated 13-05-2025 in Criminal Miscellaneous No.1889 of 2025, arising out of Turkauliya P.S. Case No. 191 of 2024 (District East Champaran; registered 28.03.2024; offences under Sections 341, 323, 324, 504, 354(B), 447, 379, 307 and 34 IPC). Petitioners Arjun Sah, Bhim Sah @ Bhima Sah and Pappu Sah @ Pappu Kumar, apprehending arrest, sought anticipatory bail. Per prosecution, seven persons were named in the FIR, with specific allegations against petitioner Nos. 1 and 2 of assaulting the informant's husband with an iron rod and sharp weapons; the learned APP reported receipt of an injury record showing grievous injury by a hard and blunt substance. A case-and-counter-case situation existed: the petitioners' side lodged Turkauliya P.S. Case No. 210 of 2024 (dated 07.04.2024) after the informant's FIR. Outcome: petitioner No. 3 (Pappu Sah @ Pappu Kumar) released on anticipatory bail — surrender or arrest within 4 weeks, bail bonds Rs. 30,000/- with two sureties of like amount each before Additional Chief Judicial Magistrate-6th, East Champaran, Motihari, subject to Section 438(2) Cr.P.C. conditions; bail applications of petitioner Nos. 1 and 2 rejected.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1889 of 2025

Arising Out of PS. Case No.-191 Year-2024 Thana- TURKAULIYA District- East Champaran

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

Arjun Sah Son of Sukdev Sah Resident of Village - Mahanwa, P.S. - Turkauliya, District - East Champaran

Bhim Sah @ Bhima Sah Son of Sukdev Sah Resident of Village - Mahanwa, P.S. - Turkauliya, District - East Champaran

Pappu Sah @ Pappu Kumar Son of Sukdev Sah Resident of Village - Mahanwa, P.S. - Turkauliya, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the State : Mr. Yogendra Kumar, APP For the Informant : Mr. Rabish Kumar, Adv. Mr. Adarsh Gaurav, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 13-05-2025

Heard learned counsel for the petitioners, learned

APP for the State and learned counsel for the informant.

The petitioners are apprehending arrest in connection with Turkauliya P.S. Case No. 191 of 2024, registered on 28.03.2024, for the offences punishable under Sections 341, 323, 324, 504, 354(B), 447, 379, 307 and 34 of the Indian Penal Code.

As per the prosecution, FIR has been lodged against seven named accused persons, including the present petitioners, alleging that all the accused assaulted the informant

Patna High Court CR. MISC. No.1889 of 2025(3) dt.13-05-2025 2/3

and her family members. There are specific allegations against petitioner Nos. 1 and 2, namely, Arjun Sah and Bhim Sah @ Bhima Sah, that they assaulted the informant’s husband with an iron rod and sharp weapons.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It is further submitted that the petitioners have no criminal antecedents, and there is a case and counter-case arising from the same date and place of occurrence. The petitioners’ side lodged Turkauliya P.S. Case No. 210 of 2024, dated 07.04.2024, while the informant’s side lodged Turkauliya P.S. Case No. 191 of 2024, dated 28.03.2024. Counsel further submits that both the petitioners and the informant are well known to each other.

Counsel for the informant vehemently opposes the prayer for bail and submits that there are specific allegations against the petitioners of assaulting the informant and her family members. Counsel further submits that, although it is true that there is a case and a counter-case, the informant’s case was lodged earlier, whereas the petitioners’ case was filed much later. Therefore, it is submitted that the bail application may be rejected.

Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.1889 of 2025(3) dt.13-05-2025 3/3

bail and submits that the injury report has been received in this case, and it reveals that the injury is grievous in nature and has been caused by a hard and blunt substance.

In the present facts and circumstances, let the petitioner No. 3, namely, Pappu Sah @ Pappu Kumar be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate- 6^th , East Champaran, Motihari, in connection with Turkauliya P.S. Case No. 191 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

So far as the bail applications of the petitioner Nos. 1 & 2, namely, Arjun Sah and Bhim Sah @ Bhima Sah are concerned, their bail applications are hereby rejected.

(Dr. Anshuman, J.)

Aman Kumar/-

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