Patna High Court
Akal Sah @ Akal ShaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to cash bond, sureties and conditions of appearance.
Summary
Akal Sah was arrested in connection with a violent incident in which he was alleged to have participated in a sword attack on Dhirendra Sah, causing grievous injury, and to have assaulted two rescuers with lathis. He faces charges under Sections 126(2), 115(2), 117(2), 118(1), 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he is innocent, has no criminal record, no incriminating material was found on him, and that the dispute was a trivial neighbourhood matter; he also pointed out that co‑accused have already been granted bail. The State opposed the bail application. Considering the lack of prior record, the duration of custody already served, and the circumstances of the case, the Court decided to grant bail subject to a cash bond of Rs. 15,000 and two sureties, with conditions regarding family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under the Bharatiya Nyaya Sanhita, 2023, given the nature of the alleged assault and the period of custody already served.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 352
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- section 126
- section 115
- section 117
- section 118
- section 303
- section 352
- section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88491 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- SONBERSHA RAJ District- Saharsa
======================================================
Akal Sah @ Akal Sha S/o Late Baso Sah Resident of Village- Dehad, Ward
No. 06, P.S.- Sonbarsha Raj, District- Saharsa, Pin Code- 852129
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivpujan Sahay, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Sonbarsha Raj P.S. Case No. 86 of 2025, instituted for the
offences punishable under Sections 126(2), 115(2), 117(2),
118(1), 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that the petitioner
along with other co-accused persons being armed with weapons
assaulted by means of sword on the head of Dhirendra Sah, due
to which he received grievous injury. It is further alleged that
when Rajesh Kumar and Akhilesh Kumar came to rescue, other
co-accused persons assaulted them by means of lathi/danda.
Patna High Court CR. MISC. No.88491 of 2025(2) dt.13-01-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submits that both the parties are neighbours
and the occurrence took place on trivial issue. It is next
submitted although there is specific allegation against the
petitioner but the injury sustained by Dhirendra Sah is simple in
nature caused by hard and blunt substance. The petitioner is in
custody since 10.10.2025 and has got no criminal antecedent.
Learned counsel for the petitioner further submits that other co-
accused have been granted regular bail by a Co-ordinate Bench
of this Court vide order dated 15.12.2025 passed in Cr. Misc.
No. 84894 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.88491 of 2025(2) dt.13-01-2026
3/3
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sonbarsha Raj P.S.
Case No. 86 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…