Patna High Court
Kamlesh Sah @ Bhim Sah @ Kamlesh Bijendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Kamlesh Sah, was implicated in a case (PS No.151 of 2025) involving multiple offences under the Indian Penal Code and the Prevention of Witch (Daain) Practices Act, including assault with a weapon causing grievous injury to the informant's mother. He applied for anticipatory bail, asserting his innocence. The court examined the seriousness of the allegations and the nature of the injury. Considering the gravity of the charges and the evidence of grievous harm, the court refused the prayer for anticipatory bail. Consequently, the petitioner remains liable to arrest under the pending FIR.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the serious offences alleged under the IPC and the Prevention of Witch (Daain) Practices Act.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 126, 303(2), 307, 324, 325, 351(2), 354, 379, 504/34, 506, 74
Subjects
- anticipatory bail
- Indian Penal Code
- Prevention of Witch Practices Act
- assault
- grievous injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16966 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Kamlesh Sah @ Bhim Sah @ Kamlesh Bijendra Sah Son of Bijendra Sah
Resident of Village- Mudwa eraji (Murwa Eraji), P.S.- Isuapur, District- Saran
at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Anish Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Isuapur P. S. Case
No. 151 of 2025 registered for the offences punishable under
Sections 12692), 115(2), 117(2), 118(1), 109, 74, 303(2),
351(2), 325, 324, 307, 354, 379, 506, 504/34 of the Indian Penal
Code and Sections 3, 4 of the Prevention of Witch (Daain)
Practices Act.
3. As per F.I.R., this petitioner assaulted on the neck
of the mother of informant with daab. Doctor has found the
injury to be grievous.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence.
5. Considering the nature of accusation and injury,
Patna High Court CR. MISC. No.16966 of 2026(2) dt.01-04-2026
2/2
prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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