Patna High Court
Aman SahbajversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary and procedural conditions.
Summary
The petitioner, Aman Sahbaj, was arrested in connection with a case of assault allegedly involving a knife, charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, that the allegations were vague, and that the injury described was caused by a blunt object, not a knife. The State opposed bail, emphasizing the seriousness of the charges. The court noted that a charge‑sheet had already been filed and the petitioner had been in custody since 28‑10‑2025, and found the arguments for false implication persuasive enough to merit release. Consequently, the court granted bail on a cash bond of Rs.15,000 with two sureties, imposing conditions that a family member act as a bailor and that the petitioner appear at every trial date, with bail liable to be cancelled upon two consecutive defaults.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita, 2023
- Whether the allegations against the petitioner constitute a specific overt act sufficient to deny bail
- Whether the petitioner’s claim of false implication warrants bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118, 126(2), 3(5), 351(1)
Subjects
- bail
- criminal procedure
- false implication
- assault
- Bharatiya Nyaya Sanhita
- charge-sheet
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10102 of 2026
Arising Out of PS. Case No.-596 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Aman Sahbaj S/O Hiran Khan R/O Mohalla - Shiv Bazar, P.s.- Bhagwan
Bazar, Dist.- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 09-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhagwan Bazar P.S. Case No. 596 of 2025 instituted for the
offences under Sections 126(2), 115(2), 118, 109, 351(1), 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that three accused
persons including the petitioner assaulted the son of the
informant by knife.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
Patna High Court CR. MISC. No.10102 of 2026(2) dt.09-03-2026
2/3
specific overt act is alleged against the petitioner. Learned
counsel further submitted that the the injury is simple in nature
caused by hard blunt substance which falsifies the prosecution
case. He further submitted that charge-sheet has already been
submitted against the petitioner. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
28.10.2025 and has one criminal antecedent.
5. Learned A.P.P. 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, charge-sheet already being submitted as also 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
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhagwan Bazar P.S.
Case No. 596 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
Patna High Court CR. MISC. No.10102 of 2026(2) dt.09-03-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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