Patna High Court
Sanjeet Kumar @ Chotu @ Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sanjeet Kumar, was arrested in connection with a case of alleged extortion, assault and other offences under multiple sections of the B.N.S. The prosecution alleged that he and co‑accused surrounded an informant’s motorcycle, assaulted him, demanded Rs 5 lakhs, snatched a gold chain and cash, and that Sanjeet delivered a knife blow. The petitioner contended that he was falsely implicated, that the incident was a reciprocal scuffle with only superficial bruises, that there was an inordinate delay in lodging the FIR, and that he already had a pending case on bail. The State opposed the bail application. Considering the minor nature of the injuries, the possibility of false implication, and the delay, the court ordered that the petitioner be released on bail with a bond of Rs 10,000, two sureties, and conditions under Section 482(2) of the B.N.S.S., including attendance in court.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the B.N.S.
- Whether the delay in filing the FIR and the superficial nature of injuries justify granting bail
- Whether the possibility of false implication warrants the exercise of discretion under Section 482(2) to grant bail
Legislation cited
Subjects
- bail
- extortion
- assault
- false implication
- delay in FIR
- injury assessment
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16197 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- VISHNUPAD District- Gaya
======================================================
Sanjeet Kumar @ Chotu @ Satish Kumar Son of Arun Yadav @ Arun Kumar
R/o Village - Azad Bigha, P.S. - Magadh Medical, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh, Advocate
For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Vinshnupad P.S.
Case No. 67 of 2025 registered for the offences under Sections
191(2), 190, 126(2), 116(2), 118(1), 352, 351(2), 303(2), 308(2)
of B.N.S.
3. As per prosecution case, the petitioner and
other co-accused persons surrounded the motorcycle of the
informant and assaulted him. They have been demanding
Rs.Five lakhs as extortion and snatched gold chain and cash of
Rs.12,000/- from the informant. The allegation against the
petitioners is that he gave one knife blow on the back of the
informant. Other co-accused persons also assaulted the
informant with iron rod, lathi-danda. Further, allegation is that
co-accused Sanjeev Kumar tried to fire upon the informant but
Patna High Court CR. MISC. No.16197 of 2026(2) dt.06-04-2026
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was not able to make firing.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. There is case and counter case and petitioner has lodged
Magadh Medical P.S. Case No. 63 of 2025 against the informant
and his associates for assaulting him at earlier point of time.
Learned counsel further submits that it appears to be a case of
altercation and scuffle between two sides as the injuries are only
abrasion and bruises. Though the X-ray was conducted of the
skull and left hand but the details of the X-ray are not mentioned
in the injury report which suggests that there are only bruises
and no knife injury. Still, the injury is stated to be grievous
without any reason. There is inordinate delay in lodging the
present case as for the occurrence of 26.02.2026, the FIR has
been lodged on 06.03.2025. Learned counsel further submits
that apart from the present case the petitioner is having
antecedent of one more case in which he is on bail.
5. Learned APP opposes the submission 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
earlier case of the petitioner against the informant and further
Patna High Court CR. MISC. No.16197 of 2026(2) dt.06-04-2026
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considering the minor and superficial nature of injury and also
considering the possibility of false implication, 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 A.C.J.M.-VI,
Gaya/concerned court in connection with Vishnupad P.S. Case
No. 67 of 2025, subject to the condition 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)
DKS/-
U T
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