Manish SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86113 of 2025
                     Arising Out of PS. Case No.-326 Year-2024 Thana- PANCHRUKHI District- Siwan
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           1.     Manish Sah Son of Late Mohan Sah Resident of Village - Baisakhi, P.S. -
                  Sarai, Distt. - Siwan.
           2.     Pankaj Sah Son of Harish Sah Resident of Village - Baisakhi, P.S. - Sarai,
                  Distt. - Siwan.
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Naresh Prasad, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   03-04-2026                  1. Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 109, 61(2),

                   351(2) and 3(5) of the B.N.S., 2023.

                                3. Learned counsel appearing on behalf of the

                   petitioners submits that petitioners are persons with clean

                   antecedent and the informant alleges that her husband, namely,

                   Boulder @ Balister Mahto and Dinanath Singh were shot by three

                   unknown accused persons. It is next alleged that one of the

                   accused identified her husband as Boulder @ Balister Mahto and

                   took the name of Sudhir Sah, thus, alleges that the occurrence was

                   committed at the instance of Sudhir Sah, petitioners and Ashish

                   Sah.
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                       4. Learned counsel appearing on behalf of the

          petitioners submits that petitioners have been falsely implicated in

          the instant case by the informant. It is further submitted that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that the occurrence is alleged to have been committed by three

          unknown accused and the informant was not able to identify them

          but then the informant also alleges that one of the accused took the

          name of Sudhir Sah, thus, based on suspicion, it is alleged that

          Sudhir Sah along with the petitioners and Ashish Sah got the

          occurrence committed. It is next submitted that own brother of

          Sudhir Sah, namely, Sumant Kumar Gupta was opposing the

          husband of the informant, namely, Boulder @ Balister Mahto, who

          indulged in selling of wine, as such, Sumant Kumar Gupta got

          murdered and an FIR was instituted by the father of Sumant

          Kumar Gupta in which husband of the informant was made an

          accused. It is also submitted that since Sudhir Sah is own brother

          of Sumant Kumar Gupta and husband of the informant is facing

          criminal prosecution in a case of murder of own brother of Sudhir

          Sah, as such, the present false case came to be instituted

          implicating the petitioners even. It is further submitted that

          petitioner no. 2, namely, Pankaj Sah is own cousin of Sudhir Sah

          and petitioner no. 1, namely, Manish Sah is a friend of Sudhir Sah.

          It is next submitted that petitioner no. 2, namely, Pankaj Sah even
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          has deposed in the case instituted by the father of Sumant Kumar

          Gupta against the husband of the informant. It is also submitted

          that from perusal of the case diary, it manifests that there are no

          eyewitness to the occurrence. It is submitted that since the trial has

          commenced in the case of murder of Sumant Kumar Gupta, as

          such, the instant false case has been instituted in order to coerce

          the petitioners along with Sudhir Sah into submission. It is further

          submitted that no doubt, allegation is of causing firearm injury to

          the husband of the informant and Dinanath Singh but then the

          injury suffered by them has been opined to be simple in nature. It

          is next submitted that it might be a ploy by the husband of the

          informant for coercing Sudhir Sah and his family members into

          submission. It is also submitted that apart from suspicion, nothing

          has come during the course of investigation connecting the

          petitioners with the offence. It is submitted that petitioner no. 1 has

          a medical shop and petitioner no. 2, after completing his

          Graduation from Jaunpur University (U.P.), is currently pursuing

          B.Ed. from Lucknow University as has been pleaded at para 4 of

          the supplementary affidavit.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners but then fairly submits after

          perusing the case diary that the injury suffered by the injured has

          been opined to be simple in nature and there are no eyewitness to
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                     the occurrence but then submits that if the privilege of anticipatory

                     bail is granted to the petitioners, the petitioners may abscond on

                     which learned counsel appearing on behalf of the petitioners

                     submits that if the privilege of anticipatory bail is granted to the

                     petitioners, the petitioners will not abscond rather will cooperate in

                     the investigation to prove their innocence.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioners, let the petitioners,

                     above-named, in the event of their arrest or surrender within a

                     period of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each

                     with two sureties of the like amount each to the satisfaction of the

                     learned Trial Court where the case is pending/Successor Court in

                     connection with Pachrukhi P.S. Case No. 326 of 2024, subject to

                     the conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T