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Patna High Court

Amit Sah @ Amit Kumar @ Dablu @ Dablu Jorge Bush @ Dabloo SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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