Patna High Court
CR. MISC./57448/2026 of Deepak Sah Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57448 of 2026 Arising Out of PS. Case No.-117 Year-2026 Thana- BAIRIYA District- West Champaran ====================================================== Deepak Sah (M), aged about 33 years, son of Late Hira Sah, Resident of village - Balua
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57448 of 2026
Arising Out of PS. Case No.-117 Year-2026 Thana- BAIRIYA District- West Champaran ======================================================
Deepak Sah (M), aged about 33 years, son of Late Hira Sah, Resident of village - Balua Rampurwa, P.S - Bairiya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Sharad Kumar Verma, Advocate
Ms. Harsha Shaswat, Advocate
For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
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ORAL ORDER
19-08-2026 Heard Mr. Sharad Kumar Verma, learned counsel appearing on behalf of the petitioner and Mr. Mithlesh Kumar Khare, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Bairiya P.S. Case No. 117 of 2026, registered for the offence punishable under Sections 126(2), 115(2), 352, 118(1), 109(1), 303(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, all the accused persons named therein including the petitioner, had allegedly assaulted the informant by means of lathi, danda and iron rod causing head injury.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely Patna High Court CR. MISC. No.57448 of 2026(2) dt.19-08-2026
been implicated in the present case. There is case and counter case between the parties. Injury sustained by the informant has been opined by the doctor to be simple in nature. Both the parties were indulged into fierce-fight and the petitioner, in his self defence, may have caused injury to the person of the informant, without intention. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the FIR, there is case and counter case between the parties. Injury sustained by the informant has been opined by the doctor to be simple in nature. Both the parties were indulged into fierce-fight and the petitioner, in his self defence, may have caused injury to the person of the informant, without intention. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- Patna High Court CR. MISC. No.57448 of 2026(2) dt.19-08-2026
(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Bairiya P.S. Case No. 117 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.
Niraj/- (Purnendu Singh, J) U T