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Patna High Court

Sikandar Kumar @ Sikandar Mahto @ Sikandra MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding insufficient evidence to justify continued detention.

Summary

The petitioner, Sikandar Kumar, sought bail fearing arrest in a case (G.B. Nagar PS No. 457 of 2025) alleging his participation in an assault on a police informant. The prosecution alleged that the petitioner struck the informant on the head with a knife, causing a serious injury. The petitioner contended that the injury report showed only superficial wounds inconsistent with a knife blow, arguing that he was falsely implicated. The learned APP opposed the bail, relying on the FIR and the charges under Sections 126(2), 115(2), 303(2), 109, 351(2) and 352 read with Section 3(5) of the B.N.S., 2023. Considering the lack of corroborative injury evidence and the possibility of false accusation, the Court exercised its inherent powers under Section 482(2) of the B.N.S.S. and ordered the petitioner’s release on bail subject to conditions.

Issues considered

  • Whether bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged lack of substantive evidence linking him to the assault
  • Whether the injury report undermines the prosecution’s claim of a knife attack and indicates a false accusation

Legislation cited

Subjects

  • bail
  • false accusation
  • assault
  • injury report
  • Section 482
  • Criminal Procedure
  • B.N.S.
  • B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16128 of 2026
                   Arising Out of PS. Case No.-457 Year-2025 Thana- GAUTAMBUDHNAGAR District-
                                                          Siwan
                 ======================================================
                 Sikandar Kumar @ Sikandar Mahto @ Sikandra Mahto S/o Indrajit Mahato,
                 Resident of Village - Shrinagar, Pokhra, P.S. - G.B. Nagar, District - Siwan.

                                                                                ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :     Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   03-04-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2.    In   the   present    case,    the    petitioner     is

                   apprehending his arrest in connection with G.B. Nagar P.S. Case

                   No. 457 of 2025, registered for the offences punishable under

                   Sections 126(2), 115(2), 303(2), 109, 351(2) and 352 read with

                   Section 3(5) of the B.N.S., 2023.

                                   3. As per prosecution case, petitioner and other co-

                   accused persons surrounded the informant, chowkidar of the

                   Police Station and assaulted him for passing information of the

                   assailants to the Police. The allegation against the petitioner is

                   that he gave knife blow on the head of the informant who fell

                   down.

                                   4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.16128 of 2026(2) dt.03-04-2026
                                            2/3




          the petitioner is innocent and has falsely been implicated in this

          case. The allegation is not believable in the background of

          injury report which shows lacerated wound on left occipital

          region of skull of size 1” x 1/3” x Skin deep, apart from

          tenderness on left chest and tenderness on left scapula, so the

          injury report shows no knife injury has been caused as alleged

          in the FIR. The nature of injury shows injuries to be simple and

          superficial. Other allegations are general and omnibus. The

          petitioner is having antecedent of one case in which he is on

          bail.

                          5. Learned APP opposes the submissions made on

          behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          absence of injury attributed to the petitioner and also

          considering the possibility of false accusation, let the petitioner

          above-named, in the event of his arrest or surrender before the

          Court concerned within a period of eight weeks from today, be

          released on bail, on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand Only) with two sureties of the like

          amount each to the satisfaction of learned Additional Chief

          Judicial Magistrate-IV, Siwan, in connection with G.B. Nagar
          Patna High Court CR. MISC. No.16128 of 2026(2) dt.03-04-2026
                                                      3/3




                    P.S. Case No. 457 of 2025, subject to the conditions as laid

                    down under Section 482(2) of the B.N.S.S. and other following

                    conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the Court below, if so required by the

                    learned trial Court.


                                                                 (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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