Patna High Court
Ashok SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted enlarged bail to the petitioners, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, Ashok Sah, Abhishek Sah, Birendra Sah and Chhotelal Sah, were implicated in a 2017 case (Kuchaikote PS Case No. 224) for offences under several sections of the Indian Penal Code, alleged to have assaulted an informant at her residence. They claim they were falsely implicated due to a land dispute with the informant, asserting that the altercation was a "free fight" and that the injuries were simple, caused by a blunt object. The petitioners have no prior criminal record and had not previously applied for anticipatory or regular bail. The State opposed the bail application. The Court, noting the simplicity of the injury, the existence of a counter‑case, and the petitioners' clean record, granted them enlarged bail on the condition of furnishing bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the petitioners are entitled to bail in view of the nature of the alleged offences and the simplicity of the injury.
- Whether the petitioners' claim of false implication and lack of criminal antecedents justify granting bail.
Legislation cited
- B.N.S.S., 2023 — s. 482
- Indian Penal Code — s. 308, 323, 325, 34, 341, 379, 447, 504, 506
Subjects
- bail
- anticipatory bail
- false implication
- land dispute
- IPC offences
- simple injury
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76958 of 2025
Arising Out of PS. Case No.-224 Year-2017 Thana- KUCHAIKOTE District- Gopalganj
======================================================
1. Ashok Sah S/O Chhotelal Sah Resident of Village- Rampur Madho, P.S-
Kuchaikote, Distt.- Gopalganj.
2. Abhishek Sah S/O Chhotelal Sah Resident of Village- Rampur Madho, P.S-
Kuchaikote, Distt.- Gopalganj.
3. Birendra Sah S/O Late Nakhlal Sah Resident of Village- Rampur Madho,
P.S- Kuchaikote, Distt.- Gopalganj.
4. Chhotelal Sah S/O Late Nakhlal Sah Resident of Village- Rampur Madho,
P.S- Kuchaikote, Distt.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate
For the State : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Kuchaikote P.S. Case No. 224 of 2017 dated 10.08.2017,
registered for the offences punishable under Sections 341, 323,
325, 308, 447, 379, 504, 506 read with Section 34 of the Indian
Penal Code.
3. As per allegation, the petitioners along with other
co-accused came to the house of the informant and assaulted her
Patna High Court CR. MISC. No.76958 of 2025(4) dt.24-02-2026
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family members.
4. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that both the informant and petitioners’
side are next door neighbors and on account of some land
dispute, altercation took place in which there was free fight and
hence, counter case was also filed by the petitioners’ side
bearing Kuchaikote P.S. Case No. 222 of 2017. He also submits
that as per the injury report, the alleged injury is simple in
nature caused by hard and blunt substance.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the
prayer of the Petitioners for bail.
8. Considering the case and counter case and nature of
the injury is simple, this petition is allowed, directing the
petitioners above-named, to be enlarged on bail, in the event of
their arrest or surrender before the court below within a period
of eight weeks from the date of receipt / production of a copy of
Patna High Court CR. MISC. No.76958 of 2025(4) dt.24-02-2026
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this order, on their furnishing bail bonds in the sum of Rs.
10,000 /- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Concerned Court
below, in connection with Kuchaikote P.S. Case No. 224 of
2017, subject to the conditions as laid down under Section 482
(2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J)
shoaib/-
U T
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