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Patna High Court

Sanjay SawarnkarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail upon furnishing a Rs.10,000 bond with two sureties.

Summary

The petitioner, Sanjay Sawarnkar, was arrested in connection with a case of armed assault on an informant’s household, alleged to have inflicted a knife wound on the informant’s husband. He contended that the injury report showed the wounds were caused by blunt objects and that he was falsely implicated, citing that co‑accused had already been granted bail. The State opposed bail, arguing the seriousness of the offences listed under the Bhartiya Nyaya Sanhita, 2023. The Court examined the medical report, the fact that bail had been granted to other accused, and the petitioner’s custody since December 2025. Concluding that the evidence did not substantiate a strong case for continued detention, the Court ordered bail on condition of a Rs.10,000 bond with two sureties.

Issues considered

  • What is the appropriate bail disposition for the petitioner under the Bhartiya Nyaya Sanhita, 2023, given the nature of the alleged offences and the evidence presented?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • weapon offence
  • injury report
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20179 of 2026
                  Arising Out of PS. Case No.-335 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Sanjay Sawarnkar, Son of Chandu Swarnkar, R/o Mohalla - Nariyar Ward no.
                 8, P.S. and Dist. - Saharsa.
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shailesh Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   13-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Saharsa

                   Sadar P.S. Case No. 335 of 2025 dated 16.03.2025 instituted for

                   the offence punishable under Sections 191(2), 190, 115(2), 126(2),

                   118(1), 109, 76, 303(2) of the Bhartiya Nyaya Sanhita, 2023.

                                3. As per the F.I.R., eight accused persons including the

                   petitioner came variously armed into the courtyard of the

                   informant and indulged in abuses and assault causing injuries to

                   the informant and others. Specific allegation against the petitioner

                   is that he gave knife blows on the hand of the informant' husband,

                   due to which he sustained sharp cut injury on his hand.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in this

                   case. Learned counsel for the petitioner further submits that injury
           Patna High Court CR. MISC. No.20179 of 2026(3) dt.13-05-2026
                                                       2/2




                     report does not support the allegation made against the petitioner.

                     The injury report reveals that injury is caused by hard and blunt

                     substances and nature of injury is simple, except one injury which

                     is grievous in nature and that is swelling over left arm of size 1" x

                     1/2". It is further submitted that other accused persons, namely,

                     Ranjeet Sawarnkar and Rahul Sawarnkar @ Rahul Kumar have

                     been granted bail vide order dated 27.11.2025 passed by co-

                     ordinate Bench of this Court in Criminal Miscellaneous No. 76813

                     of 2025. Lastly, it has been submitted that the petitioner is in

                     custody since 19.12.2025 having two criminal cases against him.

                     Charge-sheet has been submitted in the case.

                                   5. Learned A.P.P. has opposed the prayer for bail of the

                     petitioner.

                                   6. Having considered the facts and circumstances of the

                     case and submissions of learned counsel for the parties, let the

                     petitioner be released on bail upon furnishing bail bonds of Rs.

                     10,000/- (ten thousand) with two sureties of the like amount each

                     to the satisfaction of the learned C.J.M., Saharsa in connection

                     with Saharsa Sadar P.S. Case No. 335 of 2025.


                                                                  (Khatim Reza, J)
premchand/-

U      T


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