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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the conditions stipulated under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

Sachin Kumar petitioned for anticipatory bail after being implicated in a case alleging multiple offences under the Bharatiya Nyaya Sanhita, including assault with a sword and causing injuries. He asserted a clean antecedent and claimed the informant’s allegations were false, contending that any injury to the alleged victim was minor. The State opposed the bail, arguing the seriousness of the offences. The court examined the submissions, the nature of the alleged offences, and the petitioner’s background, and decided to grant anticipatory bail subject to monetary sureties and conditions under Section 482(2) of the BNSS. The order directs that if arrested within six weeks, the petitioner be released on bail upon furnishing the required bonds.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita.
  • Whether the allegations constitute a serious cognizable offence justifying denial of bail.
  • Whether the petitioner’s clean antecedent and claim of false implication warrant the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • false implication
  • clean antecedent
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12642 of 2026
                   Arising Out of PS. Case No.-289 Year-2024 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Sachin Kumar S/o Rajeshwar Sah @ Rajeshvar Sah Resident of village -
                 Mani Chhapra, P.S.- Chakia, Distt.- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                                                  Ms. Harsha Shashwat, Adv
                 For the Opposite Party/s :       Mr.Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-03-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.     The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 117(2), 109, 303(2), 351(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                             3.     Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 29-8-2024 at 9:30 pm, while he was returning

                   home on his motorcycle along with Tauhid, when he was

                   intercepted by the accused persons including the petitioner

                   along with 20-25 unknown accused and Bittu assaulted the

                   informant by sword twice causing injury on hand and head,

                   thereafter Rahul assaulted indiscriminately by rod causing
Patna High Court CR. MISC. No.12642 of 2026(2) dt.23-03-2026
                                            2/3




          injury on hand, mouth, ear and eye, while Satyendra and

          petitioner assaulted Tauhid with lathi and Bittu along with Rahul

          snatched his chain.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that even presuming what has

          been alleged is true without admitting then petitioner along with

          Satyendra are alleged to have assaulted Tauhid. It is further

          submitted that injury suffered by Tauhid has been recorded in

          the order impugned as – swelling in left elbow and bruise on

          right shoulder of 2cm x 2cm. It is thus submitted that even the

          injury suffered by Tauhid is simple in nature.          It is next

          submitted that specific allegation of assaulting Tauhid is not

          against petitioner rather it is alleged that petitioner along with

          Satyendra have assaulted. It is also submitted that petitioner is

          not a criminal.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail
              Patna High Court CR. MISC. No.12642 of 2026(2) dt.23-03-2026
                                                          3/3




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

                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Chakia P.S. Case No. 289 of 2024, subject to the conditions

                        as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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