Patna High Court
Govind SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, subject to a bail bond and sureties.
Summary
The petitioner, Govind Saw, applied for regular bail in a criminal case (Korma P.S. Case No.141 of 2025) involving charges under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a dispute escalated into an assault where bricks were thrown, injuring the informant's husband, with the petitioner allegedly participating. The petitioner contended that he was falsely implicated over a trivial quarrel and had been in custody since 17‑12‑2025, offering to cooperate with the investigation. The State opposed bail, citing the FIR’s direct allegation against the petitioner. After hearing both sides, the court considered the nature of the allegation, the petitioner’s custody duration, and the fact that the primary injury was caused by a co‑accused, and ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to the Judicial Magistrate First Class, Sheikhpura.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 despite the allegations of participation in the assault.
- Whether the nature of the offence and the petitioner’s custody period justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- false implication
- assault
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23980 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- KORMA District- Sheikhpura
======================================================
Govind Saw, S/o Late Janaki Devi @ Janami Saw @ Janaki Saw, R/o Village-
Korma, P.O- Gagaur, P.S- Korma, District- Sheikhpura, Bihar- 811105.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya Kumari, Advocate
Mr. Devesh Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Korma P.S. Case no.141
of 2025, registered under section 109, 126(2), 115(2), 117(2),
352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, over a dispute between
the parties, it is stated that all the accused persons started to
assault the informant and others. It is further stated that as a
result of Abhishek Kumar throwing bricks from the terrace of
his house, the husband of the informant sustained injury on his
head and fell unconscious. He has been referred to P.M.C.H.
where his treatment is going on.
Patna High Court CR. MISC. No.23980 of 2026(2) dt.16-04-2026
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4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case over a trivial
dispute starting with a quarrel over firewood. The allegation is
against Abhishek Kumar of having thrown the brick resulting in
the husband of the informant sustaining injuries. The petitioner
is in custody since 17.12.2025 and undertakes to cooperate in
the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the informant.
Learned counsel for the informant submits that the petitioner is
named in the F.I.R. and there is direct allegation against him of
having actively participated in the occurrence along with others
wherein the husband of the informant sustained serious injuries.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., the allegation of causing injury on the husband of the
informant being on co-accused and not the petitioner herein
together with the petitioner having remained in custody since
17.12.2025, the petitioner is directed to be enlarged on bail in
connection with Korma P.S. Case no.141 of 2025, on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.23980 of 2026(2) dt.16-04-2026
3/3
Judicial Magistrate First Class, Sheikhpura.
(Partha Sarthy, J)
avinash/-
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