Kameshwar SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36566 of 2026
                   Arising Out of PS. Case No.-555 Year-2025 Thana- MURLIGANJ District- Madhepura
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           1.     Kameshwar Sah S/o Yogendra Sah R/o Village - Dharhara, Ward No. 03,
                  P.S. -Murliganj, District - Madhepura.
           2.    Shankar Sah S/o Late SobhiSah @ Late Shomi Sah R/o Village - Dharhara,
                 Ward No. 03, P.S. -Murliganj, District - Madhepura.
           3.     Dilkhush Sah @ Dilkush Kumar S/o Kameshwar Sah R/o Village -
                  Dharhara, Ward No. 03, P.S. -Murliganj, District - Madhepura.
                                                                               ... ... Petitioners
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :      Mr.Pawan Kumar, Advocate
                 For the Opposite Party/s :      Mr.Nitya Nand Tiwary, APP
                 For the Informant        :      Mr.Surya Narayan Yadav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   15-06-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. At the outset, learned counsel appearing on behalf

                   of the petitioners seeks permission to withdraw bail

                   application with regard to petitioner no. 2 namely, Shankar

                   Sah.

                             3. Request allowed.

                             4. Accordingly, prayer of anticipatory bail stands

                   dismissed as withdrawn only qua petitioner no. 2 namely,

                   Shankar Sah.

                             5. Now, this petition for anticipatory bail survives
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          only with regard to petitioner nos. 1 and 3 namely,

          Kameshwar Sah and Dilkhush Sah @ Dilkush Kumar.

                    6.     The both above-named accused-petitioners,

          named in the F.I.R., are apprehending their arrest in

          connection with Murliganj P.S. Case No. 555 of 2025

          registered for the offences punishable under Sections

          126(2), 115(2), 352, 109, 351(2), 351(3), 326(f), 303(2) and

          3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the

          ‘B.N.S.’).

                    7.      As per FIR, accused persons alongwith

          petitioners alleged to open fire upon the informant during

          course of occurrence and also assaulted the informant and

          others.

                    8. Learned counsel appearing on behalf of the

          petitioners submitted that the allegation against the

          petitioner nos. 1 and 3 is very much general and omnibus in

          nature. It is pointed out that just to aggravate the allegation,

          petitioner no. 1 was alleged to put the house of the

          informant on fire, but through FIR itself, it has been stated

          that soon after the occurrence, it was controlled by the

          neighbours.
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                   9.    It is submitted that petitioner no. 3 is facing

          general and omnibus allegation and implication of

          petitioner nos. 1 and 3 are only for the reason that they are

          relative/family members of petitioner no.2 and one Vinod

          Kumar, who specifically alleged to cause fire-arm injury

          upon the mother of the informant hitting to her knee. Both

          petitioners claimed clean antecedent.

                   10. Learned A.P.P. for the State is present.

                   11. Mr. Surya Narayan Yadav, learned counsel

          appearing for the informant, while opposing the prayer for

          anticipatory bail of the petitioners, could not disputed the

          aforesaid submission as advanced by the learned counsel for

          the petitioners.

                   12. In view of the aforesaid factual submissions and

          by taking note of the fact as both petitioners appears

          implicated prima facie with the present crime in question

          with very much general and omnibus allegation as they are

          the immediate family members of the co-accused Vinod

          Kumar, who alleged to open fire upon the mother of the

          informant, accordingly, above-named petitioner nos. 1 and

          3, who are the men of clean antecedent, in the event of their
           Patna High Court CR. MISC. No.36566 of 2026(2) dt.15-06-2026
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                     arrest/surrender within a period of four weeks from this

                     order, are directed to be enlarged on bail on furnishing of

                     bail bond of Rs.10,000/- (ten thousand only) with two

                     sureties of the like amount each to the satisfaction of

                     learned Chief Judicial Magistrate, Madhepura/concerned

                     court in connection with Murliganj P.S. Case No. 555 of

                     2025, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T