Patna High Court
Nathuni SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Nathuni Sah and Deepak Sah, were arrested in connection with a violent incident in Vaishali where the informant’s husband was allegedly assaulted with an iron pipe and a knife. They were charged under several sections of the Indian Penal Code, including offences of assault, grievous hurt and criminal conspiracy. The petitioners contended they were innocent, highlighting inconsistencies between the injury report – which indicated injuries caused by a hard blunt object – and the allegation that a knife was used, and noting their lack of prior criminal record. The State opposed regular bail, arguing the seriousness of the offences. After hearing both sides, the Court found merit in the petitioners’ arguments and ordered that they be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties each. The order was directed to be complied with by the Chief Judicial Magistrate, Vaishali.
Issues considered
- Whether regular bail should be granted to the accused despite charges under multiple IPC sections for assault and grievous hurt
- Whether the injury report and alleged use of a knife are inconsistent, affecting the bail decision
- Whether the petitioners’ lack of prior criminal antecedent warrants bail
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 329(4), 352, 74
Subjects
- regular bail
- Indian Penal Code
- assault
- grievous hurt
- injury report
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10647 of 2026
Arising Out of PS. Case No.-808 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
1. Nathuni Sah Son of Late Sahthu Sah Resident of village - Upharaul, P.S.-
Vaishali, District - Vaishali
2. Deepak Sah @ Deepak Sha Son of Nathuni Sah Resident of village -
Upharaul, P.S.- Vaishali, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 115(2),
126(2), 109(1), 303(2), 74, 191(2), 190, 352 and 329(4) of BNS.
3. The case of the prosecution is that the petitioners
being armed with weapon arrived at the door of the informant. It
is alleged that one Ragini assaulted with brick on the head of the
informant. When her husband came to rescue, petitioner no. 1
assaulted with iron pipe and regarding petitioner no. 2, it is
alleged that he has assaulted the husband of the informant with
knife on head.
Patna High Court CR. MISC. No.10647 of 2026(2) dt.24-02-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that from
perusal of the injury report of the informant’s husband, it
transpires that he has received following injuries :- (i) lacerated
wound over left parietal region (ii) lacerated wound over right
parietal region (iii) lacerated wound over occipital region and
(iv) pain and swelling over back 2cm x 2cm. Learned counsel
has submitted that as far as allegation against petitioner no. 1 is
concerned, it is alleged that he has assaulted with iron pipe on
head of the informant’s husband and there is no repetition of
blow. As far as petitioner no. 2 is concerned, it is alleged that he
has assaulted with knife but from perusal of the injury report, it
is clear that the husband of the informant has only received
lacerated wounds and even the doctor has opined the nature of
injury to be grievous caused by hard and blunt object. He has
further submitted that the injury report and allegation do not
correlate with each other. A statement has been made in para-3
of this petition that the petitioners have got no criminal
antecedent. Moreover, they are languishing in judicial custody
since 21.11.2025.
5. Learned APP appearing for the state has opposed
Patna High Court CR. MISC. No.10647 of 2026(2) dt.24-02-2026
3/3
the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Vaishali P.S. Case No. 808 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Vaishali.
(Ashok Kumar Pandey, J)
shubham/-
U T
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