Shiv Shankar Sah @ Shankar SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16016 of 2026
                       Arising Out of PS. Case No.-476 Year-2025 Thana- DUMRA District- Sitamarhi
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                 Shiv Shankar Sah @ Shankar Sah Son of Late Ramdev Sah Resident of
                 Village - Aajamgarh, Ward No. - 6, P.S. - Dumra, District - Sitamarhi.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Harsh Anuj, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   02-06-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Dumra P.S. Case No. 476                   of 2025 dated 12.10.2025,

                   lodged under Section 126(1), 115(2), 124(1), 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,

                   2023”), pending before the Court of Chief Judicial Magistrate,

                   Sitamarhi.

                                3. As per the prosecution, FIR has been lodged with

                   the allegation that the informant went to the shop of the

                   petitioner to purchase certain articles. Following the purchase, a

                   heated discussion took place regarding the monetary transaction,

                   during which the petitioner and the petitioner’s wife assaulted

                   the informant. Thereafter, at the instance of his wife, hot oil was
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          thrown by the petitioner upon the informant, as a result of which

          both the informant and his son sustained burn injuries.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          further submits that regarding the same date and place of

          occurrence, there is a case and a counter-case. Counsel further

          submits that members of both parties were injured and admitted

          to the hospital. He further submits that vide order dated

          25.03.2026, the case diary was called for, and interim protection

          was also granted to the petitioner.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that a free fight took

          place between both sides, however, the materials in the case

          diary are against the petitioner. Upon perusal of the case diary, it

          transpires that independent witnesses have supported the

          prosecution's case, and the injury report attached to the case

          diary also supports the allegations.

                       6. Upon perusal of the case diary, particularly

          paragraph nos. 6, 7, 8, and 15, it transpires to this Court that the

          petitioner and his wife assaulted the informant and threw hot oil

          on the informant's body. The injury report is also attached,

          which indicates that the injuries are grievous in nature and were
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                    caused by burns from hot oil.

                                 7. Considering the facts and circumstances of the

                    present case, this Court is not inclined to grant anticipatory bail

                    to the petitioner. Accordingly, the prayer for anticipatory bail of

                    the petitioner is hereby rejected.

                                 8. Liberty is hereby granted to the petitioner that if he

                    surrenders within six weeks, the Trial Court is directed to pass

                    order on his surrender-cum-bail application on the same day

                    without being prejudiced by the fact that the anticipatory bail

                    application of the petitioner has been rejected by this Court, and

                    the Trial Court shall pass an order on the merits of the case.



                                                                         (Dr. Anshuman, J.)


Aman Kumar/-

U     T