Patna High Court
Sanjay SawarnkarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 76
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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