Patna High Court
Rohit SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that due to the specific and grave nature of the accusations, anticipatory bail could not be granted.
Summary
The petitioners, a group of residents from Hardiya village, were named in an FIR alleging that on 14 May 2024 they assaulted an informant’s family and threw acid, invoking IPC sections 341, 323, 307, 326B, 504 and 34. They filed a petition seeking anticipatory bail, claiming they are innocent and that the case is a retaliatory false complaint stemming from an earlier case they had filed. The State opposed the bail, emphasizing the specific and serious nature of the accusations, including an acid‑attack offence. The court examined the gravity of the alleged offences and the directness of the accusations against the petitioners. Considering the seriousness of the charges and the risk of tampering with evidence, the court found no justification for anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of assault and acid attack under the IPC.
Legislation cited
- Indian Penal Code — s. 307, 323, 326B, 34, 341, 504
Subjects
- anticipatory bail
- acid attack
- Indian Penal Code
- criminal procedure
- bail denial
- false complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77871 of 2025
Arising Out of PS. Case No.-102 Year-2024 Thana- SINDHIYA District- Samastipur
======================================================
1. Rohit Sah S/o Upendra Sah Resident of - Ward No. 6, Village - Hardiya, P.S
- Singhiya, District -Samastipur
2. Rajkumar @ Raj Kumar Sahu S/o Mahendra Sah Resident of - Ward No. 6,
Village - Hardiya, P.S - Singhiya, District -Samastipur
3. Saroj Sah S/o Nage Sah @ Nageshwar Sah Resident of - Ward No. 6,
Village - Hardiya, P.S - Singhiya, District -Samastipur
4. Govind Sah @ Govind Kumar S/o Nageshwar Sah Resident of - Ward No. 6,
Village - Hardiya, P.S - Singhiya, District -Samastipur
5. Nageshwar Sah @ Nageshwar Sahu @ Nago Sahu S/o Rameshwar Sah @
Rameshwar Sahu Resident of - Ward No. 6, Village - Hardiya, P.S -
Singhiya, District -Samastipur
6. Kaushalya Devi W/o Hira Sah Resident of - Ward No. 6, Village - Hardiya,
P.S - Singhiya, District -Samastipur
7. Sobha Devi W/o Saroj Sah Resident of - Ward No. 6, Village - Hardiya, P.S -
Singhiya, District -Samastipur
8. Meera Devi W/o Raj Kumar Sah @ Rajkumar Sah Resident of - Ward No. 6,
Village - Hardiya, P.S - Singhiya, District -Samastipur
9. Heera Sah @ Heera Sahu S/o Mahendra Sah @ Mahendra Sahu Resident of
- Ward No. 6, Village - Hardiya, P.S - Singhiya, District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Shashank Shekhar Kunwar, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
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registered for the offence punishable under Sections 341, 323,
307, 326B, 504 and 34 of the Indian Penal Code.
3. As per prosecution case, on 14.05.2024 at about
8:40 AM, all these F.I.R. named accused-petitioners, assaulted
informant’s mother and brother and threw acid on informant and
others as a result of which they sustained acid burn injuries.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, the present case
is counter-blast of Singhiya P.S. Case No. 95 of 2024 which was
lodged, earlier in point of time, by Petitioner No. 1 against
informant and others and in retaliation, this false and concocted
case has been lodged. Petitioners claim clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. with specific accusation that they abused and assaulted
informant and his family members and also threw acid on them.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the
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petitioners is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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