Patna High Court
Sandip Kumar @ Jhulan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, in view of the petitioner’s clean antecedent and the absence of any specific allegation of an overt act, bail was warranted subject to conditions.
Summary
Sandip Kumar was arrested on 12 February 2026 in connection with an FIR dated 9 February 2026 alleging offences under several sections of the Bharatiya Nyay Sanhita, 2023, including obstruction of a police officer, incitement, and assault. The prosecution alleged that he and co‑accused blocked a road, raised anti‑government slogans and attacked police with stones and bricks. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that no specific overt act was alleged against him. The Additional Public Prosecutor opposed bail. The court, noting the petitioner’s clean record and the lack of a specific overt act, ordered his release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedent. The bail order was directed to be implemented by the SDJM Court, Raxaul, Motihari.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyay Sanhita.
- Whether the absence of a specific allegation of an overt act and the petitioner’s clean antecedent justify bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 121(2), 132, 190, 191(2), 191(3), 195, 222, 285, 323(4)
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- road blockade
- anti-government slogans
- police assault
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25467 of 2026
Arising Out of PS. Case No.-72 Year-2026 Thana- RAMGARHWA District- East Champaran
======================================================
Sandip Kumar @ Jhulan Sah S/o Dhanesh Sah Resident of Village-
Ramgarhwa Malahi Tola/Murla, P.S.- Ramgarhwa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore @ Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-04-2026 Heard Mr. Kundan Rathore, learned counsel for the
petitioner as well as Mr. Narendra Kumar Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.02.2026 in connection with Ramgarhwa P.S. Case No.
72/2026, F.I.R. dated 09.02.2026 for the offences punishable
under Sections 191(2), 191(3), 190, 195, 222, 285, 109(1),
323(4), 132, 121(2) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the petitioner and
the co-accused persons are alleged to have blocked the road and
raised anti-government slogans as the scuffle took place
between police driver Vishal Kumar and fish seller and when
the police party tried to disburse the mob from the road, the
accused persons attacked them by pelting stones and bricks.
Patna High Court CR. MISC. No.25467 of 2026(2) dt.18-04-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated and has not committed any
offence as alleged in the FIR. The name of the petitioner has
transpired on the basis of suspicion. There is no specific
allegation of overt act against the petitioner. He further submits
that the police after investigation submitted the charge sheet
against the petitioner and the petitioner is in custody since
12.02.2026.
5. The learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation of overt act against the petitioner, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court of SDJM, Raxaul,
Motihari, East Champaran in connection with Ramgarhwa P.S.
Case No. 72/2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.25467 of 2026(2) dt.18-04-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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