Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 109, 115, 117, 118, 126, 3, 303, 351, 482
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
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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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