Patna High Court
Durganand Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Durganand Kumar Sah, applied for regular bail in a case registered under Sections 126(2), 118(1), 109, 74, 303(2), 115 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging assault on an informant. The prosecution alleged that the petitioner, on orders of a co‑accused, assaulted the informant causing a head injury. The petitioner claimed innocence, stating the incident stemmed from a land dispute and that the medical report indicated only a simple injury; he also highlighted his lack of prior criminal record and his custody since 24‑11‑2025. The State opposed bail. After considering the facts, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, directing compliance with the Additional Sessions Judge‑1, Jhanjharpur.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 for the offences alleged, considering the nature of the alleged assault, the medical evidence, the petitioner’s custody status and lack of prior criminal record.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 118(1), 126(2), 303(2), 3(5), 74
Subjects
- bail
- regular bail
- criminal procedure
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4623 of 2026
Arising Out of PS. Case No.-33 Year-2025 Thana- Narhiya District- Madhubani
======================================================
Durganand Kumar Sah S/O Mishri Lal Sah R/O Village- Sakhua, P.S-
Narhaiya, Distt.- Madhubani, State- Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivnandan Bharti, Advocate
Mr.Pintu Kumar Patel, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Narhaiya P.S.
Case No. 33 of 2025 dated 06.05.2025, registered under
Sections 126(2), 118(1), 109,74,303(2), 115 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the specific allegation
against the petitioner is that on the order of co-accused
Mahendra Sah, he assaulted the informant with a farsa on her
head due to which she sustained head injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the alleged occurrence
Patna High Court CR. MISC. No.4623 of 2026(3) dt.25-02-2026
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is the outcome of a long-standing land dispute between the
parties. The injury report does not support the prosecution
version inasmuch as the doctor has opined that the injury
sustained by the informant is simple in nature. Lastly, it is
submitted that the petitioner has been in judicial custody since
24.11.2025 and has no criminal antecedents.
5. Learned counsel for the State has opposed the
prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Court of Additional
Sessions Judge-1 Jhanjharpur, in connection with Narhaiya P.S.
Case No. 33 of 2025, G.R. No. 807/2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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