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Patna High Court

Durganand Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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