Ram Kishore SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40477 of 2026
                  Arising Out of PS. Case No.-44 Year-2026 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Ram Kishore Sah Son of Late Badari Sah Resident of Village- Chhatauni
                 Bazar @ Chhatuani Bazar, P.S.- Chhatauni, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar
                 For the Opposite Party/s :       Mr.Mithlesh Kumar Khare
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-07-2026                  Heard learned Advocate for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Chhatauni P.S. Case No. 44 of 2026, registered for the

                   offences punishable under Sections 115(2), 118(1), 117(2), 109,

                   352, 74, 3(5) of the BNS.

                                3. Allegedly on the given date and time while the

                   father of the informant was coming from his shop, in the

                   meanwhile, the petitioner caught hold the hands of the

                   informant’s father, whereupon co-accused Manju Lal Sah

                   brutally assaulted him by means of brick over his head due to

                   which he sustained serious injury. There is further omnibus

                   allegation against others.

                                4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.40477 of 2026(2) dt.01-07-2026
                                            2/3




          prior to the institution of the present case Chhatauni P.S. Case

          No. 43 of 2026 was instituted against the informant and others

          in which petitioner and others have sustained injuries. So far the

          present case is concerned, allegedly the incidence has taken

          place on 16.01.2026 but the present FIR has been instituted on

          20.01.2026 without there being any plausible explanation. It is

          further submitted that on 19.01.2026 the informant and others

          have entered into the shop of the petitioner and assaulted the

          staff of the shop and demanded extortion which led to lodging

          of Chhatauni P.S. Case No. 54 of 2026. The CCTV footage

          clearly suggests that the informant and others have committed

          crime. So far the injury which is inflicted upon the father of the

          informant is concerned, though the same has been specifically

          attributed to co-accused, but till date neither any final opinion

          has been submitted nor it has been deliberated in the impugned

          order. The petitioner bears one criminal antecedent but the same

          relates to Bihar Prohibition and Excise Act.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that had

          the petitioner not been caught hold of the hands of the

          informant’s father, he might have been abled to save himself but

          because of his involvement, the father of the informant has
           Patna High Court CR. MISC. No.40477 of 2026(2) dt.01-07-2026
                                                       3/3




                     sustained injuries which may prove fatal.

                                  6. Regard being had to the submissions made on

                     behalf of the parties and considering the nature of accusation,

                     coupled with the factum of case and counter case as well as

                     delay in lodging of the FIR, let the petitioner abovenamed be

                     released on bail, in the event of his arrest or surrender before the

                     court below within a period of four weeks from the date of

                     receipt/production of a copy of this order, upon furnishing bail

                     bonds of Rs.10,000/- (ten thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, Motihari, East Champaran                 in connection with

                     Chhatauni P.S. Case No. 44 of 2026, subject to the conditions

                     laid down in Section 482(2) of the Bharatiya Nagrik Suraksha

                     Sanhita, 2023, with the further condition that one of the bailors

                     shall be the own/close family members of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T