CR. MISC./58461/2026 of Uttam Sah Vs The State of Bihar on 19 August 2026

ORAL ORDER

19-08-2026 Heard the learned counsel for the petitioner and the learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Rasulpur P.S. Case No. 123 of 2026, for allegedly having committed offences under Sections 126(2), 115(2), 118(1), 109(1), 303(1), 351(2), 352, 324, 3(5) of the B.N.S.

3. As per the prosecution case, which has been lodged on the basis of the written report submitted by the informant to the effect that all the accused persons, including the petitioner came at the house of the informant in the morning and surrounded him. Co-accused Parmeshwar Sah told that the informant has taken away Rs. 40,000/- from the father. When the same was denied by the informant, co-accused Parmeshwar Sah told the accused persons to kill the informant. In the meanwhile, the petitioner assaulted with a dab on the neck of the informant, which hit him on his head and he sustained injuries. It has further been alleged that thereafter the accused persons started assaulting the informant with stick, fists and slaps and the petitioner took away gold earring from the wife of the informant to the tune of Rs. 50,000/-.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He further submits that the petitioner, the other accused persons and the informant are brothers and family members. For the same occurrence, the sister-in-law (bhabhi) of the petitioner has also lodged Rasulpur P.S. Case No. 128 of 2026 against the informant and his family members. He submits that from perusal of the injury report, it would transpire that although the informant sustained five injuries, however the same have been found to be simple in nature by the treating doctor. He submits that the petitioner has got a clean antecedent.

5. Per contra, the learned APP appearing on behalf of the State opposes the prayer for bail of the petitioner and submits that the petitioner assaulted the informant on his head, due to which he sustained injuries.

6. Having considered the rival submissions and after going through the records, it appears that the petitioner is the brother and other accused persons are either brother or family members and they are related to the informant. The specific allegation of assault on the head of the informant with a dab has been leveled against the petitioner, however from the injury report, which has been brought on record by the learned counsel for the petitioner by way of Annexure-P/2 to the present anticipatory bail petition, it would transpire that the treating doctor has found the injuries to be simple in nature caused by hard and blunt substance. Further there is a free fight in between the parties, for which a case and counter-case has been lodged. Considering the above, let the petitioner, above named in the event of arrest/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) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge, Saran at Chapra, in connection with Rasulpur P.S. Case No. 123 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and subject to the following condition:- (I) That the learned court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court concerned shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

shital/- (Ritesh Kumar, J) U T