Patna High Court
Sanju Kumar @ Sanju Baba @ Sanju Kumar Yadav @ Sanju YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bihar Penal Code — s. 109, 111, 126(2), 127(2), 308(5), 3(5)
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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