Patna High Court
Sandeep KumarversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 279, 304A, 337, 338, 427
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.