Patna High Court
Sikandar Kumar @ Sikandar Mahto @ Sikandra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- B.N.S.S. — s. 482(2)
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
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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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