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Patna High Court

Sanju Kumar @ Sanju Baba @ Sanju Kumar Yadav @ Sanju YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to bail, directing his release upon furnishing the prescribed bail bond and sureties.

Summary

The petitioner, Sanju Kumar, was arrested in connection with a case registered under Sections 126(2), 127(2), 111, 308(5), 109 and 3(5) of the Bihar Penal Code, alleged to have fired at an informant and injured his neck. The petitioner contended that the allegations were false, pointing out the absence of any injury report and that the informant was reportedly sent for treatment elsewhere. He further argued that the charge‑sheet was filed without proper medical evidence and that he had been in custody since 20‑09‑2025 despite no similar prior incidents. The State opposed the bail application. Considering the lack of corroborative medical evidence and the petitioner's claim of false implication, the Court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The application for bail was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Bihar Penal Code.
  • Whether the absence of an injury report and alleged procedural lapses in the charge‑sheet justify granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false allegation
  • injury report
  • Bihar Penal Code
  • sections 126, 127, 111, 308, 109, 3
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23943 of 2026
                      Arising Out of PS. Case No.-415 Year-2025 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Sanju Kumar @ Sanju Baba @ Sanju Kumar Yadav @ Sanju Yadav Son of
                 Dhananjay Kumar @ Kallu Yadav Resident of mohalla - Kumharar Shivam
                 Petrol Pump Ke Samne, Jaipur Dhanki, P.S.- Agamkuan, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjit Prasad, Adv
                 For the Opposite Party/s :      Mr.Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   14-05-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Agamkuan P.S. Case

                   No. 415 of 2025 registered for the offences punishable under

                   Sections 126(2), 127(2), 111, 308(5), 109, 3(5) of the BNS.

                                3. As per the prosecution case, it has been alleged

                   that, due to a previous dispute, the petitioner fired at the

                   informant, hitting him in the neck.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case.       It has further been submitted that allegation is

                   palpably false, as there is no injury report of the informant on
             Patna High Court CR. MISC. No.23943 of 2026(4) dt.14-05-2026
                                                         2/2




                       record. On an earlier occasion, the injury report was called for,

                       and an information has been given that the hospital authorities

                       where the informant claims to have been treated stated that he

                       was sent for his medical treatment somewhere else. It has been

                       further submitted that chargesheet has been filed without

                       ascertaining the injury reports and the petitioner is in custody

                       since 20.09.2025 and although he has been accused in four other

                       cases but not of similar nature.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for bail of the petitioner.

                                    6. Considering the aforesaid submissions of the

                       parties and taking into account the facts and circumstance of the

                       case, let the petitioner above-named, be enlarged on bail on

                       furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                       with two sureties of the like amount each to the satisfaction of

                       learned Court concerned, in connection with Agamkuan P.S.

                       Case No. 415 of 2025.

                                    7. The application stands allowed.



                                                  (Praveen Kumar, J)
niku/-

U        T


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