Patna High Court

Sachin KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that, as the physical assault allegation was not prima facie against the petitioner, bail should be granted under Section 482(2) of the BNSS.

Summary

The petitioner, Sachin Kumar, was arrested in connection with a FIR alleging assault with a knife and the alleged raising of a pistol during a dispute over an obscene video. He contended that the allegations were vague, that the FIR was not filed under the Arms Act, and that the physical assault charge applied only to co‑accused. The Additional Public Prosecutor opposed bail. The court examined the prima facie evidence and noted that the assault allegation did not pertain to the petitioner but to the co‑accused, and that the pistol allegation lacked material support. Relying on Section 482(2) of the Bhartiya Nayay Sanhita, 2023, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was conditioned on compliance with the trial court’s requirements.

Issues considered

Whether the allegations in the FIR constitute sufficient grounds to deny bail to the petitioner.
Whether the absence of an FIR under the Arms Act affects the bail consideration for the alleged pistol offence.
Whether Section 482(2) of the Bhartiya Nayay Sanhita, 2023, can be invoked to grant bail in the present circumstances.

Legislation cited

Bhartiya Nayay Sanhita, 2023 — s. 109(1), 115(2), 118(2), 126(2), 218(1), 3(5), 351(2), 352, 482(2)

Subjects

bail
criminal procedure
Section 482
arms allegation
assault
FIR
prima facie
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10689 of 2026
                     Arising Out of PS. Case No.-108 Year-2025 Thana- SONEBARSA District- Buxar
                 ======================================================
                 Sachin Kumar Son of Late Shivjee Ram @ Late Shivji Ram Resident of
                 village - Pipradh, Police Station - Sonvarsha, District - Buxar.
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Manish Rai Sharma, Advocate
                 For the Opposite Party/s :        Mr.Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-02-2026                   Heard learned counsel appearing on behalf of

                   the petitioner and learned Additional Public Prosecutor

                   appearing on behalf of the State.

                                2. The accused/petitioner apprehending his

                   arrest in connection with Sonvarsha P.S. Case No. 108

                   of 2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 218(1), 118(2), 109(1), 352,

                   351(2), 3(5) of Bhartiya Nayay Sanhita 2023.

                                3.    As per FIR, petitioner alleged to assault

                   informant alongwith co-accused persons by inflicting

                   knife injuries. The occurrence alleged to be arising out

                   of trivial issues regarding uploading of some obscene

                   video to social media.

                                4.    It      is   submitted       by     learned        counsel

                   appearing         on       behalf   of    the     petitioner       that     the

                   allegation against this petitioner is very much general

                   and omnibus that he raised his pistol in air, though the
Patna High Court CR. MISC. No.10689 of 2026(2) dt.23-02-2026
                                            2/3




          FIR in issue was not lodged under Arms Act. It is

          submitted that just to aggravate the allegation,

          petitioner implicated with this type of allegation

          without having any cogent material. In this context, it

          is also pointed out that the allegation of physical

          assault is not available against this petitioner, rather

          same is specifically available against co-accused, Golu

          Kumar and Mithlesh Kumar.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and

          by taking note of fact as allegation of physical assault

          prima facie not appears available against petitioner

          rather same is available against other co-accused

          persons, accordingly, above named petitioner, in the

          event of his arrest or surrender before the learned trial

          Court, within a period of four weeks of the order, is

          directed to be released on bail furnishing bail bond of

          Rs. 10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of the

          learned Chief Judicial Magistrate, Buxar/concerned

          Court, where the case is pending in connection with

          Sonvarsha P.S. Case No.                 108 of 2025 subject to the

          conditions as laid down under Section 482(2) of the

          BNSS.
            Patna High Court CR. MISC. No.10689 of 2026(2) dt.23-02-2026
                                                        3/3




                                            (Chandra Shekhar Jha, J)
veena/-
U       T

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