Patna High Court
Upendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, given the lack of a firing allegation against the petitioner and the medical report indicating only simple blunt‑force injuries, bail should be granted.
Summary
The petitioner, Upendra Sah, was named in an FIR (Bhore PS Case No. 269 of 2023) for multiple offences including assault, attempt to murder, and violations under the Arms Act, allegedly arising from a land dispute. The FIR alleged that the petitioner assaulted an informant with a sharp-edged weapon (farsa) and that firing was involved, but the petitioner contended that the firing allegation pertained only to a co‑accused, Manoj Sah, and that the medical report showed injuries caused by a blunt object, not a sharp weapon. The State opposed the bail application, arguing the seriousness of the charges. The Court examined the factual submissions and the medical evidence, noting the absence of any firing allegation against the petitioner and the simple nature of the injuries. Relying on these findings, the Court granted bail to the petitioner on a bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS. The order directs the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether the petitioner can be held liable for the offences alleged in the FIR, particularly the assault with a sharp-edged weapon and the alleged firing.
- Whether the medical evidence undermines the prosecution's case against the petitioner.
- Whether bail should be granted in view of the nature of the charges and the evidence presented.
Legislation cited
- Arms Act — s. 27, 30
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 341, 354(b), 379/34, 504, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- medical evidence
- land dispute
- assault
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41972 of 2026
Arising Out of PS. Case No.-269 Year-2023 Thana- BHORE District- Gopalganj
======================================================
Upendra Sah S/o Late Bindeshwar Sah @ Late Bindeshwari Sah R/o Village -
Bhopatpur (Bhopatpura), PS - Bhore, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lokesh Kumar Singh
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bhore P.S.
Case No. 269 of 2023 registered for the offences
punishable under Sections 341. 323, 324, 307, 354(B),
504, 506, 379/34 of IPC and Section 27 and 30 of
Arms Act.
3. As per FIR petitioner alongwith other co-
accused person alleged to assault informant and others,
where allegation of firing is also available against co-
accused person. Alleged occurrence took place due to
land dispute.
Patna High Court CR. MISC. No.41972 of 2026(2) dt.01-07-2026
2/3
4. It is submitted by learned counsel appearing
on behalf of the petitioner that allegation of firing is not
available against this petitioner, rather same is available
against co-accused namely, Manoj Sah. It is submitted
that petitioner alleged to assault informant by means of
farsa, which is a sharp edge weapon, but same not
appears corroborating from injury report of the
informant as upon medical examination the injury found
to be caused by hard and blunt object, who prima-facie
falsifies that any assault as alleged by sharp edge
weapon like farsa was made. It is submitted that upon
medical examination the nature of injury upon informant
opined as simple. Petitioner claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as allegation of firing is not
available against this petitioner, where injury as alleged
to be caused by petitioner upon medical examination
found simple in nature, accordingly petitioner above-
Patna High Court CR. MISC. No.41972 of 2026(2) dt.01-07-2026
3/3
named, in the event of his arrest or surrender before the
court below within a period of four weeks, is directed to
be released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned CJM,
Gopalganj /concerned Court, where the case is pending
in connection with Bhore P.S. Case No. 269 of 2023,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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