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Patna High Court

Sandeep KumarversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners subject to bond and surety conditions.

Summary

The petitioners, Sandeep Kumar and Bajrangi Kumar, were implicated in a case registered under IPC sections 279, 304A, 337, 338 and 427 following a fatal motorcycle accident. They contend that they are innocent, have been falsely implicated due to village politics, and that no specific allegation or victim testimony links them to the incident. The petitioners, who are young and have no criminal record, argued there is no risk of absconding or tampering with evidence and offered to cooperate with the investigation. The State opposed the bail application, citing the seriousness of the offences. After considering the nature of the allegations, the petitioners' clean antecedents, and the lack of concrete evidence, the Court granted bail subject to a bond of Rs.10,000 each with two sureties and a six‑week surrender condition under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail should be granted to the petitioners accused under Sections 279, 304A, 337, 338 and 427 of the IPC
  • Whether the petitioners pose a risk of absconding, tampering with evidence, or influencing the investigation

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • political victimisation
  • young accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20321 of 2026
                  Arising Out of PS. Case No.-213 Year-2023 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
           1.     Sandeep Kumar, S/o Sikandar Mukhiya @ Shikandra Mukhiya, R/o Vill.-
                  Tikuliya, P.S.- Lakhaura, District- East Champaran
           2.    Bajrangi Kumar @ Bajrangi Lal Kumar, S/o Shiv Balak Sahani, R/o Vill.-
                 Tikuliya, P.S.- Lakhaura, District- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   08-07-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 279, 304(A), 337, 338 and 427 of the

                   I.P.C.

                                3. As per prosecution case, on the alleged date of

                   occurrence, informant’s son Chhotu Kumar and Uday Sahani

                   had gone to visit fair on a motorcycle but they met with an

                   accident as a result of which informant’s son died on the spot

                   and Uday Sahani got injured. The informant came to know that

                   unknown vehicle dashed the motorcycle of the son of informant.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.20321 of 2026(3) dt.08-07-2026
                                            2/3




          petitioners are innocent and have falsely been implicated in this

          case due to village politics. The petitioners have no concern

          with the alleged occurrence. During the investigation, the name

          of the petitioners have come only on the basis of suspicion that

          they had taken the victim on their motorcycle for seeing the

          fair/mela. Learned counsel for the petitioners submits that there

          is no specific allegation against the petitioners and the injured

          has not made any allegation against them. There is no chance of

          absconding or tampering with the evidence. Petitioners are

          young boys, having no criminal antecedents. They undertake to

          cooperate in the investigation and trial.

                          5. Learned A.P.P. appearing on behalf of the State

          opposed the bail application.

                          6. Having considered the facts and circumstances

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

          nature of allegation, age and clean antecedent of the petitioners,

          let the above named petitioners be released on bail, in the event

          of arrest or surrender before the learned Court below within a

          period of six weeks from today, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

          the like amount each to the satisfaction of learned concerned

          Court,     Motihari,      East     Champaran         in   connection   with
            Patna High Court CR. MISC. No.20321 of 2026(3) dt.08-07-2026
                                                        3/3




                      Muffasil/Sugauli P.S. Case No. 213 of 2023 subject to the

                      conditions as laid down under Section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
Koustav/-

U      T


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