Patna High Court
Ganesh Sahu @ Ganesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to petitioners 2 and 3 and dismissed the application of petitioner 1 as withdrawn.
Summary
The petitioners filed an anticipatory bail application in a case alleging assault and other offences under several sections of the B.N.S. The first petitioner, Ganesh Sahu, sought to withdraw his application, which the court permitted, resulting in dismissal of his bail request. Petitioners 2 and 3, women alleging innocence and claiming the assault charge pertains to co‑accused, argued that the case stemmed from a land dispute. The State opposed the bail, but the court, considering the facts and the general nature of the accusations, granted anticipatory bail to petitioners 2 and 3. The bail was conditioned on a bond of Rs.10,000 with two sureties each, subject to Section 482(2) of the B.N.S.S., and the order was to remain effective for eight weeks from the date of the order. The application was thereby disposed of.
Issues considered
- Whether anticipatory bail should be granted to petitioners 2 and 3 under the alleged offences.
- Whether the application for anticipatory bail can be withdrawn by petitioner 1.
- Whether the nature of the accusations justifies denial of bail.
Legislation cited
Subjects
- anticipatory bail
- withdrawal of application
- assault
- land dispute
- Section 482
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81281 of 2025
Arising Out of PS. Case No.-196 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
1. Ganesh Sahu @ Ganesh Sah S/o Late Sukhadeo Sah Resident Of Village-
Chatar, Ps- Kusheshwarsthan, District- Darbhanga
2. Ram Dulari Devi @ Ram Kumari Devi W/o Ganesh Sah @ Ganesh Sahu
Resident Of Village- Chatar, Ps- Kusheshwarsthan, District- Darbhanga
3. Sheela Devi W/o Chandan Sah @ Chandan Sahu Resident Of Village-
Chatar, Ps- Kusheshwarsthan, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Alok Kumar Jha, Advocate
For the State : Mr. Prem Kumar Jha, 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. At the outset, learned counsel appearing on behalf
of the petitioners seeks permission to withdraw this anticipatory
bail application on behalf of Petitioner No. 1, namely Ganesh
Sahu.
3. Permission, as prayed for, is accorded.
4. Accordingly, this anticipatory bail application with
regard to Petitioner No. 1 stands dismissed as withdrawn.
5. Petitioner Nos. 2 and 3 apprehend their arrest in a
case registered for the offence punishable under Sections
126(2), 115(2), 117(2), 109(1), 352, 351(2), 3(5) and 303(2) of
the B.N.S..
Patna High Court CR. MISC. No.81281 of 2025(3) dt.15-01-2026
2/3
6. As per prosecution case, Petitioner Nos. 2 and 3 are
alleged to have assaulted son and daughter-in-law of informant
with bricks.
7. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Specific accusation of assault is
against co-accused Ganesh and Chandan Sahu. There is
admitted land dispute between the parties for which a series of
litigation is going on between them. The present case is counter-
blast of Kusheshwarasthan P.S. Case No. 195 of 2025 which
was lodged by co-accused Chandan Kumar Sahu against
informant and others. Doctor has found simple injuries on the
body of the injured. Petitioners are ladies.
8. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
9. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, the prayer for
grant of anticipatory bail to Petitioner Nos. 2 and 3 is allowed.
10. Accordingly, in the event of arrest/surrender
within a period of eight weeks from today, let the above named
Petitioner Nos. 2 and 3 be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned S.D.J.M.,
Patna High Court CR. MISC. No.81281 of 2025(3) dt.15-01-2026
3/3
Biraul, Darbhanga in connection with Kusheshwarsthan P.S.
Case No. 196 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
11. With the aforesaid directions, this application
stands disposed of.
(Prabhat Kumar Singh, J)
shashank/-
U T
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