Patna High Court
Amit Sah @ Amit Kumar @ Dablu @ Dablu Jorge Bush @ Dabloo SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a cash bond, sureties and compliance with conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Amit Sah, was arrested in connection with a case involving assault, robbery and other offences under various sections of the BNS. The prosecution alleged that he, while intoxicated, attacked an informant’s family, causing injuries and stealing Rs.5,000. The petitioner claimed the incident was a family feud, that a counter‑FIR had been filed by him, and that he had no prior criminal record. The State opposed bail, but the court considered the familial relationship, the counter version, the charge‑sheet details and the petitioner’s custody period. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and other personal sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the BNS.
- Whether the existence of a counter‑FIR and the petitioner’s lack of antecedents justify bail.
- Whether the conditions prescribed under Section 480(3) of the BNSS are satisfied.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 110, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
- Bihar Negotiable Statutes (BNSS) — s. 480(3)
Subjects
- bail
- criminal procedure
- assault
- robbery
- family dispute
- counter FIR
- Section 480(3) BNSS
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6549 of 2026
Arising Out of PS. Case No.-36 Year-2025 Thana- BELHAR District- Banka
======================================================
Amit Sah @ Amit Kumar @ Dablu @ Dablu Jorge Bush @ Dabloo Sah Son
of Subodh Sah @ Subodh Kumar Sah Resident of village - Nimia, P.S.-
Belhar, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey, Adv.
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Belhar P.S. Case No. 36 of 2025, registered for
the offences under Sections 126(2), 115(2), 118(1), 110, 303(2),
74, 351(2), 352, 3(5) of the BNS.
3. As per the prosecution case, petitioner in inebriated
condition came to the doors of the informant and started hurling
abuses. When the informant opposed, the petitioner put her
down and other co-accused persons came there with iron rod,
khanti and tengari. When the husband of the informant
intervened, this petitioner struck him with tengari causing a
number of cut injuries and the husband of the informant fell
Patna High Court CR. MISC. No.6549 of 2026(2) dt.04-02-2026
2/3
down. They also assaulted the husband and wife with iron rod
and lathi and took away Rs.5,000/- cash from the house.
4. Learned counsel appearing on behalf of the
petitioner submits that there is case and counter case between
the parties and the petitioner is innocent. The counter version is
Belhar PS Case No. 35 of 2025 which has been lodged by this
petitioner against the informant side prior to the lodging of the
FIR by the informant. The informant is own aunt of the
petitioner and some altercation took place between two families.
Though the injury of the victim of the petition is stated to be
grievous but it was a case of free fight and the petitioner side
has also received injury. Petitioner is not having any criminal
antecedent and he is in custody 23.11.2025. Charge sheet has
been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
relations of the parties, the counter version and also considering
the submission of charge sheet and period of custody of the
petitioner, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Patna High Court CR. MISC. No.6549 of 2026(2) dt.04-02-2026
3/3
Only) each with two sureties of the like amount each to the
satisfaction of learned CJM, Banka/concerned court, in
connection with Belhar P.S. Case No. 36 of 2025, subject to the
condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.